THROUGH TRANSPORT BILL OF
LADING SERIES 100
1. DEFINITIONS
"Carrier" means the Company stated on the front of this
Bill of Lading as being the Carrier and on whose behalf this Bill
of Lading has been signed.
"Merchant" includes the shipper, the consignee, the receiver
of the Goods, the holder of this Bill of Lading, any person owning
or entitled to the possession of the Goods or this Bill of Lading,
any person having a present or future interest in the Goods or any
person acting on behalf of any of the above mentioned persons.
"Goods" includes the cargo supplied by the Merchant and
includes any Container not supplied by or on behalf of the Carrier.
"Carriage" means the whole of the operations and services
undertaken or performed by or on behalf of the Carrier in respect
of the Goods.
"Combined Transport" arises where the Carriage called
for this Bill of Lading is not Port to Port.
"Port to Port Shipment" arises where the Place o Receipt
and the Place of Delivery are not indicated on the front of this
bill of Lading or if both the Place of Receipt and the Place of
Delivery indicated are ports and the Bill of Lading does not in
the nomination of the Place of Receipt or the Place of Delivery
on the front hereof specify any place or spot within the area of
the port so nominated.
"Hague Rules" means the provisions of the International
Convention for Unification of certain Rules relating to Bills of
Lading signed at Brussels on 25th August 1924.
"Hague-Visby Rules" means the Hague Rules as amended by
the Protocol signed at Brussels on 23rd February 1968.
"COGSA" means the Carriage of Goods by Sea Act of the
United States of America approved on 16th April 1936.
"COGWA" means the Carriage of Goods by Water Act 1936
of Canada.
"Charges" includes freight and all expenses and money
obligations incurred and payable by the Merchant.
"Shipping Unit" includes freight unit and the term "unit"
as used in the Hague Rules and Hugue-Visby Rules.
"Person" includes an individual, a partnership, a body
corporate or other entity.
"Stuffed" includes filled, consolidated, packed, loaded
or secured.
2. CARRIER'S TARIFF.
The provisions of the Carrier's applicable Tariff, if any, are incorporated
herein. Copies of such provisions are obtainable from the Carrier
or his agents upon request or, where applicable, from a government
body with whom the Tariff has been filed. In the case of inconsistency
between this Bill of Lading and the applicable Tariff, this Bill
of Lading shall prevail.
3. WARRANTY
The Merchant warrants that in agreeing to the terms hereof he is
or is the agent of and has the authority of the person owning or
entitled to the possession of the Goods or any person who has a
present or future interest in the Goods.
4. NEGOTIABILITY AND TITLE TO THE GOODS
(1) This Bill of Lading shall be non-negotiable unless made out.
"to order" in which event it shall be negotiable and shall
constitute title to the Goods and the holder shall be entitled to
receive or to transfer the Goods herein described.
(2) This Bill of Lading shall be prima facie evidence of the taking
in charge by the Carrier of the Goods as herein described. However,
proof to the contrary shall not be admissible when this Bill of
Lading has been negotiated or transferred for valuable consideration
to a third party acting in good faith.
5. CERTAIN RIGHTS AND IMMUNITIES FOR THE CARRIER AND OTHER PERSONS
(1) The Carrier shall be entitled to sub-contract on any terms the
whole or any part of the Carriage.
(2) 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 independent contractor and 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 be deemed to be parties to this contract.
(3) 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 Goods insofar as such claim or liability
exceeds the Carrier's liability under this Bill of Lading..
(4) 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 found in contract or in Tort.
6. CARRIER'S RESPONSIBILITY
(1) CLAUSE PARAMOUNT
(A)Subject to clause 13 below, this Bill of Lading insofar as it
relates to sea carriage by any vessel whether named herein or not
shall have effect subject to the Hague Rules or any legislation
making such Rules or the Hague-Visby Rules compulsorily applicable
(such as COGSA or COGWA) to this Bill of Lading and the provisions
of the Hague Rules or applicable legislation shall be deemed incorporated
herein. The Hague Rules (or COGSA or COGWA if this Bill of Lading
is subject to U.S. or Canadian law respectively) shall apply to
the carriage of Goods by inland waterways and reference to carriage
by sea in such Rules or legislation shall be deemed to include reference
to inland waterways. If and to the extent that the provisions of
the Harter Act of the United States of America 1893 would otherwise
be compulsorily applicable to regulate the Carrier's responsibility
for the Goods during any period prior to loading on or after discharge
from the vessel the Carrier's responsibility shall instead be determined
by the provisions of 6(3) below, but if such provisions are found
to be invalid such responsibility shall be subject to COGSA.
(B) The Carrier shall be entitled to (and nothing in this Bill of
Lading shall operate to deprive or limit such entitlement) the full
benefit of, and rights to, all limitations and exclusions of liability
and all rights conferred or authorised by any applicable law, statute
or regulation of any country (including, but not limited to, where
applicable any provisions of sections 4281 to 4287, inclusive, of
the Revised Statutes of the United States of America and amendments
thereto and where applicable any provisions of the laws of the United
States of America) and without prejudice to the generality of the
foregoing also any law, statute or regulation available to the Owner
of the vessel(s) on which the Goods are carried.
(2) PORT TO PORT SHIPMENT
The responsibility of the Carrier is limited to that part of the
Carriage from and during loading onto the vessel up to and during
discharge from the vessel and the Carrier shall not be liable for
any loss or damage whatsoever in respect of the Goods or for any
other matter arising during any other part of the Carriage even
though Charges for the whole Carriage have been charged by the Carrier.
The Merchant constitutes the Carrier as agent to enter into contracts
on behalf of the Merchant with others for transport, storage, handling
or any other services in respect of the Goods prior to loading and
subsequent to discharge of the Goods from the vessel without responsibility
for any act or omission whatsoever on the part of the Carrier or
others and the Carrier may as such agent enter into contracts with
others on any terms whatsoever including terms less favourable than
the terms in this Bill of Lading.
(3) COMBINED TRANSPORT
Save as is otherwise provided in this Bill of Lading, the Carrier
shall be liable for loss of or damage to the Goods occurring from
the time that the Goods are taken into his charge until the time
of delivery to the extent set out below:
(A) Where the stage of Carriage where the loss or damage occurred
cannot be proved:
(i) The Carrier shall be entitled to rely upon all exclusions of
liability under the Rules or legislation that would have applied
under 6(1)(A) above had the loss or damage occurred at sea or, if
there was no carriage by sea, under the Hague Rules (or COGSA or
COGWA if this Bill of Lading is subject to U.S. or Canadian law
respectively).
(ii) Where under (i) above, the Carrier is not liable in respect
of some of the factors causing the loss or damage, he shall only
be liable to the extent that those factors for which he is liable
have contributed to the loss or damage.
(iii) Subject to 6(4)(C) below, where the Hague Rules or any legislation
applying such Rules or the Hague-Visby Rules (such as COGSA or COGWA)
is not compulsorily applicable, the Carrier's liability shall not
exceed US$2.00 per kilo of the gross weight of the Goods lost, damaged
or in respect of which the claim arises or the value of such Goods,
whichever is the lesser.
(iv) The value of the Goods shall be determined according to the
commodity exchange price at the place and time of delivery to the
Merchant or at the place and time when they should have been so
delivered or if there is no such price according to the current
market price by reference to the normal value of Goods of the same
kind and quality, at such place and time.
(B) Where the stage of Carriage where the loss or damage occurred
can be proved:
(i) the liability of the Carrier shall be determined by the provisions
contained in any international convention or national law of the
country which provisions:
(a) cannot be departed from by private contract to the detriment
of the Merchant, and
(b) would have applied if the Merchant had made a separate and direct
contract with the Carrier in respect of the particular stage of
Carriage where the loss or damage occurred and had received as evidence
thereof any particular document which must be issued in order to
make such international convention or national law applicable;
(ii) with respect to the transportation in the United States of
America or in Canada to the Port of Loading or from the Port of
Discharge, the responsibility of the Carrier shall be to procure
transportation by carriers (one or more) and such transportation
shall be subject to the inland carriers' contracts of carriage and.tariffs
and any law compulsorily applicable. The Carrier guarantees the
fulfillment of such inland carriers' obligations under their contracts
and tariffs;
(iii) where neither (i) or (ii) above apply, any liability of the
Carrier shall be determined by 6(3)(A) above.
(4) GENERAL PROVISIONS
(A) Delay, Consequential Loss
Save as otherwise provided herein, the Carrier shall in no circumstances
be liable for direct, indirect or consequential loss or damage caused
by delay or any other cause whatsoever and howsoever caused. Without
prejudice to the foregoing, if the Carrier is found liable for delay,
liability shall be limited to the freight applicable to the relevant
stage of the transport.
(B) Package or Shipping Unit Limitation
Where the Hague Rules or any legislation making such Rules is not
compulsorily applicable (such as COGSA or COGWA) to this Bill of
Lading apply, the Carrier shall not, unless a declared value has
been noted in accordance with (C) below, be or become liable for
any loss or damage to or in connection with the Goods in an amount
per package or shipping unit in excess of the package or shipping
unit limitation as laid down by such Rules or legislation, the Carrier's
liability shall not exceed US$2.00 per kilo of the gross weight.
(C) Ad Valorem: Declared Value of Package or Shipping Unit
The Carrier's liability may be increased to a higher value by a
declaration in writing of the value of the Goods by the shipper
upon delivery to the Carrier of the Goods for shipment, such higher
value being inserted on the front of this Bill of Lading in the
space provided and, if required by the Carrier, extra freight paid.
In such case, if the actual value of the Goods shall exceed such
declared value, the value shall evertheless be deemed to be the
declared value and the Carrier's liability, if any, shall not exceed
the declared value and any partial loss or damage shall be adjusted
pro rata on the basis of such declared value.
(D) Definition of Package or Shipping Unit
Where a Container is used to consolidate Goods and such Container
is stuffed by the Carrier, the number of packages or shipping units
stated on the face of this Bill of Lading in the box provided shall
be deemed the number of packages or shipping units for the purpose
of any limit of liability per package or shipping unit provided
in any international convention or national law relating to the
carriage of Goods by sea. Except as aforesaid the Container shall
be considered the package or shipping unit..The words "shipping
unit" shall mean each physical unit or piece of cargo not shipped
in a package, including articles and things of any description whatsoever,
except Goods shipped in bulk, and irrespective of the weight or
measurement unit employed in calculating freight charges. As to
Goods shipped in bulk, the limitation applicable thereto shall be
the limitation provided in such convention or law which may be applicable,
and in no event shall anything herein be construed to be a waiver
of limitation as to Goods shipped in bulk.
(E) Rust, etc.
It is agreed that superficial rust, oxidation or any like condition
due to moisture, is not a condition of damage but is inherent to
the nature of the Goods and acknowledgment of receipt of the Goods
in apparent good order and condition is not a representation that
such conditions of rust, oxidation or the like did not exist on
receipt.
(F) Notice of Loss or Damage
The Carrier shall be deemed prima facie to have delivered the Goods
as described in this Bill of Lading unless notice 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 of 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
The Carrier shall be discharged of all liability unless suit is
brought in the proper forum and written notice thereof received
by the Carrier within nine months after delivery of the Goods or
the date when the Goods should have been delivered. In the event
that such time period shall be found contrary to any convention
or law compulsorily applicable, the period prescribed by such convention
or law shall then apply but in that circumstance only.
7. MERCHANT'S RESPONSIBILITY
(1)The description and particulars of the Goods set out on the face
hereof are furnished by Merchant and the Merchant warrants to the
Carrier that the description and particulars including, but not
limited to, of weight, content, measure, quantity, quality, condition,
marks, numbers and value are correct.
(2)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, imposts, expenses and losses
incurred or suffered by reason thereof or by reason of any illegal,
incorrect or insufficient marking, numbering or addressing of the
Goods..
(3)The Merchant undertakes that the Goods are packed in a manner
adequate to withstand the ordinary risks of Carriage having regard
to their nature and in compliance with all laws, regulations and
requirements which may be applicable.
(4) No Goods which are or may become dangerous, inflammable or damaging
or which are or may become liable to damage 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 transported and the
Goods being distinctly marked on the outside so as to indicate the
nature and character of any such articles and so as to comply with
all applicable laws, regulations and requirements. If any such articles
are delivered to the Carrier without such written consent and marking
or if in the opinion of the Carrier the articles are or are liable
to become of a dangerous, inflammable or damaging nature, the same
may at any time be destroyed, disposed of, abandoned, or rendered
harmless without compensation to the Merchant and without prejudice
to the Carrier's right to Charges.
(5) The Merchant shall be liable for the loss, damage, contamination,
soiling, detention or demurrage before, during and after the Carriage
of property (including, but not limited to, Containers) of the Carrier
or any person or vessel (other than the Merchant) referred to in
5(2) above caused by the Merchant or any person acting on his behalf
or for which the Merchant is otherwise responsible.
(6) The Merchant shall defend, indemnify and hold harmless the Carrier
against any loss, damage, claim, liability or expense whatsoever
arising from any breach of the provisions of this clause 7 or from
any cause in connection with the Goods for which the Carrier is
not responsible.
8. CONTAINERS
(1) Goods may be stuffed by the Carrier in or on Containers and
Goods may be stuffed with other Goods.
(2) 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 supplied before or after the
Goods are received by the Carrier or delivered to the Merchant.
(3) If a Container has been stuffed by or on behalf of the Merchant,
(A) the Carrier shall not be liable for loss of or damage to the
Goods
(i) caused by the manner in which the Container has been stuffed;
(ii) caused by the unsuitability of the Goods for carriage in Containers;.
(iii) caused by the unsuitability or defective condition of the
Container provided that where the Container has been supplied by
or on behalf of the Carrier, this paragraph (iii) shall only apply
if the unsuitability or defective condition arose (a) without any
want of due diligence on the part of the Carrier or (b) would have
been apparent upon reasonable inspection by the Merchant at or prior
to the time when the Container was stuffed;
(iv) if the Container is not sealed at the commencement of the Carriage
except where the Carrier has agreed to seal the Container.
(B) the Merchant shall defend, indemnify and hold harmless the Carrier
against any loss, damage, claim, liability or expense whatsoever
arising from one or more of the matters covered by (A) above except
for (A)(iii)(a) above.
(4) Where the Carrier is instructed to provide a Container, in the
absence of a written request to the contrary, the Carrier is not
under an obligation to provide a Container of any particular type
or quality.
9. TEMPERATURE CONTROLLED CARGO
(1) The Merchant undertakes not to tender for transportation any
Goods which require temperature control without previously giving
written notice (and filling in the box on the front of this Bill
of Lading if this Bill of Lading has been prepared by the Merchant
or a person acting on his behalf) of their nature and particular
temperature range to be maintained and in the case of a temperature
controlled Container stuffed by or on behalf of the Merchant further
undertakes that the Container has been properly pre-cooled, that
the Goods has been properly stuffed in the Container and that its
thermostatic controls have been properly set by the Merchant 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 caused by such
non-compliance.
(2) The Carrier shall not be liable for any loss of or damage to
the Goods arising from defects, derangement, breakdown, stoppage
of: the temperature controlling machinery, plant, insulation or
any apparatus of the Container, provided that the Carrier shall
before or at the beginning of the Carriage exercise due diligence
to maintain the refrigerated Container in an efficient state.
10. INSPECTION OF GOODS
The Carrier or any person authorised by the Carrier shall be entitled,
but under no obligation, to open any Container or package at any
time and to inspect the Goods..
11. MATTERS AFFECTING PERFORMANCE
(1) If at ant time the Carriage is or is likely to be affected by
any hindrance, risk, delay, difficulty or disadvantage of any kind
(including the condition of the Goods), whensoever and howsoever
arising (whether or not the Carriage has commenced) the Carrier
may:
(A) without notice to the Merchant abandon the Carriage of the Goods
and where reasonably possible place the Goods or any part of them
at the Merchant's disposal at any place which the Carrier may deem
safe and convenient, whereupon the responsibility of the Carrier
in respect of such Goods shall cease;
(b) without prejudice to the Carrier's right subsequently to abandon
the Carriage under (A) above, continue the Carriage.
in any event the Carrier shall be entitled to full Charges on Goods
received for Carriage and the Merchant shall pay any additional
costs resulting from the above mentioned circumstance.
(2) The liability of the Carrier in respect of the Goods shall cease
on the delivery or other disposition of the Goods in accordance
with the orders or recommendations given by any government or authority
or any person acting or purporting to act as or on behalf of such
government or authority.
12. METHODS AND ROUTE OF TRANSPORTATION
(1) The Carrier may at any time and without notice to the Merchant:
use any means of transport or storage whatsoever; load or carry
the Goods on any vessel whether named on the front hereof or not;
transfer the Goods from one conveyance to another including transshipping
or carrying the same on another vessel than that named on the front
hereof or by any other means of transport whatsoever; at any place
unpack and remove Goods which have been stuffed in or on a Container
and forward the same in any manner whatsoever; proceed at any speed
and by any route in his 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 front 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
on 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..
(2) The liberties set out in (1) above may be invoked by the Carrier
for any purposes whatsoever whether or not connected with the Carriage
of the Goods. Anything done in accordance with (1) above or any
delay arising therefrom shall be deemed to be within the contractual
Carriage and shall not be a deviation of whatsoever nature or degree.
13. DECK CARGO (AND LIVESTOCK)
(1) Goods of any description whether containerised or not may be
stowed on or under deck without notice to the Merchant and such
stowage shall not be a deviation of whatsoever nature or degree.
Subject to (2) below, such Goods whether carried on deck or under
deck shall participate in General Average and such Goods (other
than livestock) shall be deemed to be within the definition of Goods
for the purposes of the Hague Rules or any legislation making such
Rules or the Hague-Visby Rules compulsorily applicable (such as
COGSA or COGWA) to this Bill of Lading.
(2) Goods (not being Goods stuffed in or on Containers other than
open flats or pallets) which are stated on the front of this Bill
of Lading to be carried on deck and which are so carried (and livestock,
whether or not carried on deck) are carried without responsibility
on the part of the Carrier for loss or damage of whatsoever nature
arising during carriage by sea or inland waterway whether caused
by unseaworthiness or negligence or any other cause whatsoever.
The Merchant shall defend, indemnify and hold harmless the Carrier
against all and any extra cost incurred for any reason whatsoever
in connection with carriage of such livestock.
14. DELIVERY OF GOODS
If delivery of the Goods or any 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, the Carrier
shall be entitled without notice to remove from a Container the
Goods or that part thereof if stuffed in or on a Container and to
store the Goods or that part thereof ashore, afloat, in the open
or under cover at the sole risk and expense of the Merchant. Such
storage shall constitute due delivery hereunder, and thereupon the
liability of the Carrier in respect of the Goods or that part thereof
shall cease.
15. BOTH-TO-BLAME COLLISION
If the vessel on which the Goods are carried (the carrying vessel)
comes into collision with any other vessel or object (the non-carrying
vessel or object) as a result of the negligence of the non-carrying
vessel or object or the owner of, charterer of or person responsible
for the non-carrying vessel or object, the Merchant undertakes to
defend, indemnify and hold harmless the Carrier against all claims
by or liability to (and any expense arising therefrom) any vessel
or person in respect of any loss of, or damage to, or any claim
whatsoever of the Merchant paid or payable to the Merchant by the
non-carrying vessel or object or the owner of, charterer of or person
responsible for the non-carrying vessel or object and set-off, recouped
or recovered by such vessel, object or person(s) against the Carrier,
the carrying vessel or her owners or charterers..
16. GENERAL AVERAGE
(1) The Carrier may declare General Average which shall be adjustable
according to the York/Antwerp Rules of 1974 at any place at the
option of the Carrier and the Amended Jason Clause as approved by
BIMCO is to be considered as incorporated herein and the Merchant
shall provide such security as may be required by the Carrier in
this connection.
(2) Notwithstanding (1) above, the Merchant shall defend, indemnify
and hold harmless the Carrier in respect of any claim (and any expense
arising therefrom) of a General Average nature which may be made
on the Carrier and shall provide such security as may be required
by the Carrier in this connection.
(3) The Carrier shall be under no obligation to take any steps whatsoever
to collect security for General Average contributions due to the
Merchant.
17. CHARGES
(1) Charges shall be deemed fully earned on receipt of the Goods
by the Carrier and shall be paid and non-returnable in any event.
(2) The Charges have been calculated on the basis of particulars
furnished by or on behalf of the Merchant. The Carrier shall be
entitled to production of the commercial invoice for the Goods or
true copy thereof and to inspect, reweigh, remeasure and revalue
the Goods and if the particulars are found by the Carrier to be
incorrect the Merchant shall pay the Carrier the correct Charges
(credit being given for the Charges charged) and the costs incurred
by the Carrier in establishing the correct particulars.
(3) All Charges shall be paid without any set-off, counter-claim,
deduction or stay of execution.
18. LIEN
The Carrier shall have a lien on the Goods and any documents relating
thereto for all sums whatsoever due at any time to the Carrier from
the Merchant and for General Average contributions to whomsoever
due and for the costs of recovering the same and the Carrier shall
have the right to sell the Goods and documents by public auction
or private treaty, without notice to the Merchant and at the Merchant's
expense and liability towards the Merchant.
19. VARIATION OF THE CONTRACT
No servant or agent of the Carrier shall have power to waive or
vary any of the terms hereof unless such waiver or variation is
in writing and is specifically authorised or ratified in writing
by a director or officer of the Carrier who has the actual authority
of the Carrier who has the actual authority of the Carrier so to
waive or vary.
20. PARTIAL INVALIDITY
If any provision in this Bill of Lading is held to be invalid or
unenforceable by any court or regulatory or self regulatory agency
or body, such invalidity or unenforceability shall attach only to
such provision. The validity of the remaining provisions shall not
be affected thereby and this Bill of Lading contract shall be carried
out as if such invalid or unenforceable provision were not contained
herein.
21. LAW AND JURISDICTION
(1)This Bill of Lading is governed by the laws of the People's Republic
of China. All disputes arising under or in connection with this
Bill of Lading shall be determined by the laws of the People's Republic
of China and any action against the Carrier shall be brought before
the Tianjin Maritime Court or other maritime courts in the People's
Republic of China, as the case may be.
(2)Notwithstanding the provision of Clause 21(A), where carriage
includes carriage to or from or through a port or place in the United
States of America, this Bill of Lading shall be subject to the provisions
of the US COGSA, which shall be deemed to have been incorporated
herein and nothing herein contained shall be deemed a surrender
by the Carrier of any of its rights, immunities, exceptions or limitations
or an increase of any of its liabilities under US COGSA. The provision
cited in the COGSA (except as may be otherwise specifically provided
herein) shall also govern before loading and after discharging as
lon g as the goods remain in the Carrier's custody of control.
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