1. DEFINITIONS
“Carriage” means the whole (or any part) of the operations and services undertaken or performed by
(or on behalf of) the Carrier in respect of the Goods
“Carrier” means American Express Carrier
“Charges” includes freight and all expenses and money obligations incurred and payable by
the Merchant.
“Combined Transport” arises when a Place of Receipt and/or Place of Delivery is/are
completed on the face hereof.
“Goods” means the cargo accepted from the shipper and includes any Units not
supplied by or on behalf of the Carrier.
“Hague Rules” means the provisions of the International Convention for the Unification of
Certain Rules relating to Bills of Lading signed at Brussels on 25th August, 1924 without the
amendments by the Protocol signed at Brussels on 23rd February, 1968.
“Hague Visby Rules” means the provisions of the International Convention for the Unification of
Certain Rules relating to Bills of Lading signed at Brussels on 25th August, 1924 as
amended by the Protocol signed at Brussels on 23rd February, 1968 and by the SDR
Protocol (1979).
“Holder” means any person, which term shall, herein, include an individual and a
corporation, for the time being in possession of this Bill of Lading to whom the property in
the Goods has passed on or by reason of the consignment of the Goods or the transfer or
the endorsement of this Bill of Lading or otherwise.
“Merchant” includes, jointly and severally, the shipper, the receiver, the consignee, the
Holder of this Bill of Lading, any person owning or entitled to the possession of the Goods
or of this Bill of Lading and anyone acting, whether as servant or agent or otherwise, of
any such person.
“Port to Port Shipment” equipment shipped only from one port to another port
“SDR” Special Drawing Rights as defined by the International Monetary Fund and applied
by the SDR Protocol signed at Brussels on 21st December 1979 to
amend the Hague Rules.
“Unit” includes any unit, container, trailer, transportable tank, flat or pallet or any similar
article of transport used to consolidate Goods.
“Vessel” includes any substituted vessel and any vessel to which transshipment may be
made in the performance of this contract.

2. CARRIER’S TARIFF
The Carrier has set up applicable tariffs, which are considered incorporated herein. Copies of the
relevant provisions of the applicable tariffs are obtainable from the Carrier upon request.

3. WARRANTIES
(i) The Merchant represents, warrants and agrees that:

(a) He is or has the authority of the person owning or entitled to the possession of the Goods and the
Bill of Lading; and
(b) Any Goods placed by the Merchant in Units are compatible and suitable for transportation in
Units;
(c) The Goods and any Unit loaded by the Merchant are packed and secured in such a manner as to
be handled in the ordinary course of the transportation without damage to the Goods, Vessel, Units
or other property or persons;
(d) The Merchant further warrants that the Unit if not supplied by or on behalf of the Carrier meets
all applicable national or international safety standards and is fit in all respects for Carriage by the
Carrier.

(ii) The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf
have been checked by the shipper on receipt of this Bill of Lading and that such particulars and any
other particulars furnished by or on behalf of the shipper are correct and complete in all material
respects and no representation of any nature as to such particulars, in favor of any person, is made,
either directly, or by implication by the Carrier.

4. SUB-CONTRACTING
(i) The Carrier shall be entitled to sub-contract on any terms the whole or any part of the Carriage,
loading, unloading, storing, warehousing, handling and without limitation, any and all other duties whatsoever undertaken by the Carrier in relation to the Goods.

(ii) The Merchant undertakes that no claim or allegation shall be made against any Person (including
all servants, agents or sub-contractors of the Carrier) other than the Carrier, including but not limited
to stevedores and terminal operators, which imposes or attempts to impose upon any of them or any
Vessel owned by any of them any liability whatsoever in connection with the Goods, and, if any such
claim or allegation should nevertheless be made, to defend, the Merchant will indemnify and hold
harmless the Carrier against all consequence thereof. Without prejudice to the foregoing, every such
Person shall have the benefit of all exceptions, limitations, provisions, conditions and liberties herein
benefiting the Carrier as if such provisions were expressly made for their benefit; and, in entering
into this contract, the Carrier, to the extent of these provisions, does so not only on its own behalf,
but also as agent and trustee for such servants, agents and sub-contractors. The Carrier shall been
titled to be paid by the Merchant on demand any sum recovered or recoverable by such Merchant
from any servant, agent or sub-contractor of the Carrier for any loss, damage, delay or otherwise.

(iii) The expression “sub-contractor” in this clause shall include direct and indirect sub-contractors
and their respective servants and agents.

(iv) The Merchant further undertakes that no claim or allegation whatsoever in respect of the Goods
shall be made against the Carrier by any Person other than in accordance with the terms and
conditions of this Bill of Lading, which imposes or attempts to impose upon the Carrier any liability
whatsoever in connection with the Goods, or the Carriage of the Goods, whether or not arising out of
negligence on the part of the Carrier and, if any such claim or allegation should nevertheless be
made, to defend, indemnify and hold harmless the Carrier against all consequences thereof.

5. CARRIER’S RESPONSIBILITIES
Port to Port Shipments:
If the Carriage is a Port to Port Shipment, the responsibility (if any) of the Carrier for loss of or
damage to the Goods occurring from the time when the Goods are loaded on board the Vessel at the
Port of Loading until the time when the Goods are discharged from the Vessel at the Port of
Discharge shall be determined in accordance with the any national law making the Hague-Visby Rules
compulsorily applicable to this Bill of Lading, or in any other case in accordance with the Hague Rules.
Notwithstanding the above, the Carrier shall be under no liability whatsoever for loss of or damage
to the Goods, howsoever occurring, when such loss or damage arises prior to loading on or
subsequent to discharge from the Vessel.

Combined Transport:
If the Carriage is Combined Transport, the Carrier undertakes the performance and/or in its own
name to procure performance of the Carriage from the Place of Receipt or the Port of Loading,
whichever is applicable, to the Port of Discharge or the Place of Delivery, whichever is applicable,
and, save as otherwise provided in this Bill of Lading, the Carrier shall be liable for loss or damage
occurring during the Carriage,

(1) If the stage of the Carriage when loss or damage occurred is not known:

(a) Exclusions
The Carrier shall be relieved from liability for any loss or damage if such loss or damage was
caused by:
(i) an act or omission, wrongful act or neglect, of the Merchant;
(ii) the lack of, or defective conditions of packing in the case of Goods which, by their
nature, are liable to wastage or to be damaged when not packed or when not properly
packed.
(iii) insufficiency or defective or inadequacy condition of packing or marking or numbers on
the Goods, covering, or Unit loads;
(iv) handling, loading, stowage or unloading of the Goods by or on behalf of the Merchant;
(v) inherent vice of the Goods;
(vi) strike, lock-out, stoppage or restraint of labour;
(vii) a nuclear incident;
(viii) any cause or event, which the Carrier could not avoid and the consequences of which he could
not prevent by the exercise of reasonable diligence.

(b) Burden of Proof
The burden of proof that the loss or damage was due to one or more of the causes or Events
specified in this Clause 5 (1) shall rest upon the Carrier, save that when the Carrier is able to
demonstrate that, in the circumstances of the case, the loss or damage could be attributed to one or
more of the causes or events specified in Clause 5 (1) (a) (ii) to (viii) , it shall be presumed that it was
so caused. The Merchant shall, however, be entitled to prove that the loss or damage was not, in
fact, caused either wholly or partly by one or more of these causes or events.
(c) Limitation of Liability
Except as provided in Clause 6 (iii) total compensation shall in no circumstances whatsoever and
howsoever arising exceed SDR 2 per kilo of the gross weight of the Goods lost or damaged.

(2) If the stage of the Carriage when the loss or damage occurred is known: Notwithstanding
anything provided for in Clause 5(1), but subject always to Clauses 5 and 19, if it is known during
which stage of the Carriage the loss or damage occurred, the liability of the Carrier in respect of such
loss or damage shall be determined:
(a) by the provisions contained in any international convention or national law which
provisions:-
(i) cannot be departed from by private contract to the detriment of the Merchant; and
(ii) would have applied if the Merchant had made a separate and direct contract with the Carrier in
respect of the particular stage of the Carriage where the loss or damage occurred and received as
evidence thereof any particular document which must be issued in order to make such international
convention or national law applicable; or
(b) if no international convention or national law would apply by virtue of Clause 5(2) (a), by the
Hague Rules if the loss or damage is known to have occurred at sea or on inland waters; or (c) by the
provisions of Clause 5(1) if the provisions of Clause 5(2) (a) or (b) do not apply.
For the purposes of this clause 5(2), references in the Hague Rules to carriage by sea shall be deemed
to include reference to carriage by inland waters and the Hague Rules shall be construed accordingly.
If the Hague Rules apply by virtue of Clause 5(2)(b), the Carrier’s liability shall be limited as provided
in Clause 6(iii).

(3) If the Place of Receipt or Place of Delivery is not named on the face hereof: If the Place of Receipt
is not named on the face hereof the Carrier shall be under no liability whatsoever for loss of or
damage to the Goods, howsoever occurring, if such loss or damage arises prior to loading onto the
Vessel. If the Place of Delivery is not named on the face hereof, the Carrier shall be under no liability
whatsoever for loss of or damage to the Goods, howsoever occurring, when such loss or damage
arises subsequent to discharge from the Vessel.

6. THE AMOUNT OF COMPENSATION
(i) Subject to Clauses 5 and 7 and paragraphs (ii), (iii) and (iv) of this Clause, when The Carrier is liable
for compensation in respect of loss of or damage to Goods, such compensation shall be calculated by
reference to the invoice value of the Goods, any partial loss or damage to be calculated on a pro rata
basis.

(ii) 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 are delivered to the Merchant in accordance with
the contract or should have been so 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 or, if
there be no commodity exchange price or current market price, by reference to the normal value of
goods of the same kind and quality.

(iii) Unless otherwise expressly agreed herein compensation shall not exceed SDR2 per kilo of gross
weight of the Goods lost or damaged, unless the value of such Goods has been declared by the
shipper before shipment and inserted on the face of this Bill of Lading in the space captioned
“Description of Goods” and extra freight is paid on such declared value if required.

(iv) In case value has been declared in accordance with this clause, any partial loss or damage shall be
adjusted pro rata on the basis of such declared value.

(v) For other damages, losses, injuries or expenses, the Carrier’s liability howsoever arising shall in all
cases be limited to 10,000 SDR per occurrence or series of occurrences with one and the same cause
of damage.

7. GENERAL
(i) 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. The Carrier shall in no
circumstances be liable for any direct, indirect or consequential loss or damage caused by delay.

(ii) Save as otherwise provided herein, the Carrier shall in no circumstances be liable for direct or
indirect or consequential loss or damage or for loss of profits arising from any other cause

(iii) Once the Goods have been received by the Carrier for Carriage the Merchant shall not be entitled
neither to impede, delay, suspend or stop or otherwise interfere with the Carrier’s intended manner
of performance of the Carriage or the exercise of the liberties conferred by this bill of lading nor to
instruct or require delivery of the Goods at other Port or Place than the Port of Discharge or Place of
Delivery named on the reverse hereof or such other Port or Place selected by the Carrier in the
exercise of the liberties herein, for any reason whatsoever. The Merchant shall indemnify the Carrier
against all claims, liabilities, losses, damages, costs, delays, attorney fees and/or expenses caused to
the Carrier, his Subcontractors, servants or agents or to any other cargo or to the owner of such
cargo during the Carriage arising or resulting from any impediment, delay, suspension, stoppage or
interference whatsoever in the Carriage of the Goods.

(iv) 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 Unit to the Merchant whether before or after the Goods are received by
the Carrier for transportation or delivery to the Merchant.

8. NOTICE OF LOSS, TIME BAR
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to
the Carrier or his agents at the Place of Delivery (or Port of Discharge if no Place of Delivery is named
on the reverse hereof) before or at the time of removal of the Goods or if the loss or damage is not
apparent within three days thereafter, such removal shall be prima facie evidence of the delivery by
the Carrier of the Goods as described in this bill of lading. In any event, the Carrier shall be
discharged from all liability whatsoever in respect of the Goods unless suit is brought within one year
after their delivery or the date when they should have been delivered.
The exemptions from liability, defenses, liberties and limits of liability provided for in this Bill of
Lading shall apply in any action against the Carrier for delay, loss of or damage to the Goods
howsoever occurring whether the action be founded in contract or in tort and even if the loss,
damage, or delay arose as a result of unseaworthiness, negligence or fundamental breach or
repudiation of contract. No interest shall be allowed on any claim against the Carrier up to the time
of the rendition of judgment.

10. METHODS AND ROUTES OF TRANSPORTATION
(1) The Carrier may at any time and without notice to the Merchant;
(i) use any means of transport or storage whatsoever;

(ii) for any purpose whatsoever tranship the Goods or carry same on a substituted vessel or
otherwise transfer the Goods from one conveyance to another even though transhipment or
forwarding of the Goods may not have been contemplated or provided for herein;

(iii) unpack and remove the Goods which have been packed into a Unit and forward them via Unit or
otherwise;

(iv) sail without pilots, proceed via any route, (whether or not the nearest or most direct or
customary or advertised route) at any speed and proceed to, return to and stay at any port or place
whatsoever (including the Port of Loading herein provided) once or more often, and in any order in
or out of the route or in a contrary direction to or beyond the port of discharge once or more often;

(v) load and unload the Goods at any place or port (whether or not any such port is named on the
reverse hereof as the Port of Loading or Port of Discharge) and store the Goods at any such port or
place;

(vi) comply with any orders or recommendations given by any government or authority or any
Person or body acting purporting to act as or on behalf of such government or authority or having
under the terms of the insurance on any conveyance employed by the Carrier the right to give orders
or directions.

(2)Anything done or not done in accordance with sub-clause (1) or any delay arising there from shall
be deemed to be within the contractual Carriage and shall not be a deviation.

11. GOVERNMENT DIRECTIONS, WAR, EPIDEMICS, ICE, STRIKES, ETC.
(i) T he Carrier, its employees or its Sub-contractors shall have liberty to comply with any orders,
directions or recommendations as to loading, departure, routes, stoppages, destination, arrival,
discharge, delivery or in any other ways whatsoever given by any government or any person or body
acting or purporting to act with the authority of such government or by any committee or person
having the right to give any orders, directions or recommendations.

(ii) If on account of any hindrance, risk, delay, difficulty, or disadvantage of any kind and howsoever
arising (even though the circumstances giving rise to such hindrance, delay, difficulty or disadvantage
existed at the time the contract was entered into or the Goods were received for Carriage) and
including, but without limitation, actual or threatening war, warlike operations, hostilities, acts of
terrorists, piracy, riots, civil unrest, seizure or blockades epidemic, quarantine, ice, strike, lockout,
labor troubles, interdict, congestion or difficulties in loading or discharge, the Carrier or Subcontractor at any time is in doubt as to whether the Means of Transport can, safely and without
delay, leave the place of loading or reach or enter the place of discharge, the Goods may be
discharged at any place considered safe and convenient by the Carrier or Sub-contractor.

(iii) In the cases referred to in all the preceding paragraphs under this clause, the Carrier may at any
time postpone, suspend or cancel the contract even before the Goods have been received and/or
loaded. The discharge of any Goods under the provisions of this clause and/or the conclusion of the
venture consequent upon compliance with any orders or directions referred to above, whether the
Goods are discharged or not, shall be deemed a fulfilment of the contract.

(iv) The Merchant shall be liable for all additional freight and demurrage and all charges and
expenses incurred by the Carrier acting as above.

(v) The Merchant shall be informed, if possible, but without liability on the part of the Carrier
regarding cases referred to in this clause.

(vi) In case of fire the Carrier shall not be liable to answer for or make good any loss or damage to the
Goods occurring at any time and even though before loading on, or after discharge from, the Vessel
by reason or by means of any fire whatsoever unless such fire shall be caused by its actual fault or
privity.
The Merchant shall be liable for and shall defend, indemnify, and hold harmless the Carrier and the
Vessel against any payment, expenses, fines, dues, duty, tax, impost, loss, damage or detention, sustained or incurred by or levied upon the Carrier or the Vessel in connection with the Goods for
any cause whatsoever, including their nature, quality or condition (whether known to the Carrier or
Master or not), any action or requirement of any government or governmental authority or person purporting to act under the authority thereof, seizure under legal process or attempted seizure,
incorrect or insufficient marking, numbering or addressing of packages or description of the
contents, failure of the Merchant to procure consular, safety or health authority, customs, or other
certificates to accompany the Goods or to comply with laws or regulations of any kind imposed with
respect to the Goods by the authorities at any port or place or any act or omission of the Merchant. If
for any reason whatsoever the Goods are refused importation the Merchant shall be liable for and
shall pay return freight and charges thereon.

13. TEMPERATURE CONTROLLED CARGO
(i) The Merchant undertakes not to tender for transportation any Goods which require temperature
controlled without previously giving written notice of their nature and particular temperature range
to be maintained and in case of a temperature Unit packed by or on behalf of the Merchant, further
warrants and undertakes that the Goods have been properly, and at such correct temperature, and
ventilation, if required, stowed in the Unit and that its thermostatic controls and air vents have at all
material times been appropriately 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.

(ii) The Carrier shall not be liable for any loss of or damage to the Goods arising from latent defects,
derangement, breakdown or stoppage of the temperature control machinery, plant, insulation
and/or any apparatus of the Unit, Vessel, conveyance and any other facilities whatsoever, provided
that the Carrier shall before or at the beginning of the Carriage exercise due diligence to maintain the
refrigerating controls at the temperature range, if any, noted on this Bill of Lading.

(iii) In the event that the Carrier, its employee or Sub-contractor fails to observe the Merchant’s
temperature instructions, the Carrier will not be liable unless the Merchant proves that the failure to
comply with the temperature instructions caused a physical and material change to the Goods and
that there is a causal connection between the damage or loss and (a) the failure to observe the
temperature instructions and (b) the change to the Goods.

14. UNITS
(i) Goods may be stowed, packed, stuffed or loaded by the Carrier or its Agents or servants, without
any limitation and without any notice to the Merchant, in Units. The Units may, without any
limitation and without any notice to the Merchant be carried on or under deck whether stowed as
aforesaid or received in a stowed, packed, stuffed or loaded condition from the Merchant unless the
Merchant has in writing asked for Carriage under deck.

(ii) If a Unit has not been filled, packed, stuffed or loaded by the Carrier, the Carrier shall not be liable
for loss of or damage to the contents and the Merchant shall defend, indemnify and hold harmless
the Carrier against any loss, damage, liability or expense incurred by the Carrier, if such loss, damage,
liability or expense has been caused by;-
(a) the manner in which the Unit has been filled, packed, stuffed or loaded; or
(b) the unsuitability of the contents for Carriage in Units; or
(c) the unsuitability or defective condition of the Unit arising without any want of due diligence on
the part of the Carrier to make the Unit reasonably fit for the purpose for which it is required; or
(d) the unsuitability or defective condition of the Unit which would have been apparent upon
reasonable inspection by the Merchant at or prior to the time when the Unit was filled, packed,
stuffed or loaded; or
(e) packing refrigerated Goods that are not at the correct temperature for Carriage hereunder.

(iii) The Carrier shall be entitled, but under no obligation, to open any Unit at anytime and to inspect
the contents. If it thereupon appears that the contents or any part thereof cannot safely or properly
be carried or carried further, either at all or without incurring any additional expense or taking any
measures in relation to the Unit or its contents or any part thereof, the Carrier may abandon
transportation thereof and/or take any measures and/or incur any reasonable additional expense to
carry or 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 indemnify the Carrier against any reasonable additional expense so incurred.

(iv) Where the Goods in respect of which Bills of Lading have been issued form part of an LCL
shipment which has been consolidated into a Unit on behalf of either the Merchant or the Carrier,
the Carrier shall have liberty to unstuff such Unit in order to affect delivery of the said Goods.

(v) Goods that have been stowed, packed, stuffed or loaded by the Merchant in Units, are considered
to be received by the Carrier in fully packed condition for Carriage.

(vi)If a Merchant-packed Unit is delivered by the Carrier with its seal intact, the Carrier shall not be
liable for any shortage of Goods.

(vii)The shipper shall inspect Units before packing them and use of Units shall be prima facie
evidence of their being sound and suitable for use.

(viii) Where a Unit owned or leased by the Carrier is unpacked at the Merchant’s premises the
Merchant is responsible for returning the Unit with interior brushed and cleaned to the place of
discharge or to the point designated by the Carrier, its servants or agents, forthwith or within the prescribed time. The Merchant shall be liable for hire, cleaning costs, demurrage, loss and expenses
which may result from any failure or delay in return of the Unit.

15. FREIGHT
(i) Freight shall be payable on actual gross intake weight or measurement, or at Carrier’s option, on
actual gross discharged weight or measurement. Freight may be calculated on the basis of the
particulars of the Goods furnished by the Merchant herein. The Carrier may at any time open any
Unit or other package and inspect, weigh, measure and value the Goods. In case Merchant’s
particulars are found to be incorrect and additional freight is payable, the Goods shall be liable for
any expense incurred in examining, weighing, measuring and valuing the Goods. Full freight shall be
paid on damaged or unsound Goods. Full freight hereunder shall be considered completely earned
on receipt of the Goods by the Carrier, and the Carrier shall be entitled to all freight and Charges due
hereunder, whether actually paid or not, and to receive and retain them under all circumstances
whatsoever, the Vessel and/or Goods lost or not lost.

(ii) All unpaid Charges shall be paid in full and without any offset, counterclaim or deduction. Any
error in freight or other Charges or in the classification of Goods is subject to correction, and if on
correction the freight or Charges are higher the Carrier may collect the additional amount from the
Merchant.

(iii) The Merchant shall be liable for all expenses of sorting, mending, cooperage, baling or
reconditioning of Goods and/or packages containing the Goods and gathering of loose cargo and/or
contents of packages resulting from insufficiency of packing or from excepted perils.

(iv) Goods once shipped cannot be taken away by the Merchant except upon Carrier’s consent and
against payment of full freight and compensation for any damages sustained by the Carrier through
such taking away.

(v) The consignee and/or owner of the Goods shall bear and pay all tonnage dues, shed dues,
harbour dues, Customs dues and charges, wharfage charges and other dues and charges payable in
respect of the Goods after leaving ship’s tackle.

(vi) The Merchant shall defend, indemnify and hold harmless the Carrier against all and any cost
incurred by the Carrier in exercising its rights under this clause.

16. LIEN
The Carrier shall have a lien on the Goods and any document relating thereto, which shall survive
delivery, for all sums earned or due or payable to the Carrier under this and/or any other contract
with the Merchant, or on account of the Goods or Carriage, storage or handling of the Goods,
including but not limited to, general average contributions, freight, delivery, destination, demurrage,
detention, port and/or handling charges, to whomever due and/or for the cost of recovering the
same and/or any fines or penalties levied against the Carrier by reason of any acts or omissions for
which the Merchant is responsible. Carrier may at its sole discretion exercise its lien at any time and
at any place, whether the contractual transportation is completed or not. For the purpose of such
lien the Carrier shall have the right to sell the Goods by public auction or private treaty without
notice to the Merchant at any time and at any place at the sole discretion of the Carrier. The Carrier
shall be entitled to claim the difference in the event that the sale proceeds fail to cover the full
amount due to the Carrier.

17. BOTH TO BLAME COLLISION CLAUSE
If the Vessel comes into collision with another ship as a result of the negligence of the other ship and
any act, neglect or default of the Master, Mariner, Pilot or the servants of the Carrier in the
navigation or in the management of the Vessel, the owners of the cargo carried hereunder will
indemnify the Carrier against all loss or liability to the other or non-carrying ship or her Owners in so
far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of
said cargo, paid or payable by the other or non-carrying ship or her Owners to the owners of said
cargo and set-off, recouped or recovered by the other or non-carrying ship or her Owners as part of
their claim against the carrying Vessel or Carrier. The foregoing provisions shall 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 or contact.
118. GENERAL AVERAGE
(i) General Average shall be adjusted and payable according to York-Antwerp Rules of 1994 at any
port or place at the option of the Carrier whether declared by the Carrier or a sub-contractor of the
Carrier and shall be applied to Units and/or Goods loaded on deck or under deck.

(ii) In the event of accident, danger, damage or disaster before or after commencement of the
voyage resulting from any cause whatsoever due to negligence or not, for which, or for the
consequences of which, the Carrier is not responsible by statute, contract or otherwise, the Goods
and 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 incurred in respect of the Goods

(iii) If a salving ship is owned or operated by the Carrier salvage shall be paid for as fully as if such
salving ship belonged to strangers. Such deposit as the Carrier or his agents may deem sufficient to
cover the estimated contribution of the Goods and any salvage and special charges thereon shall, if
required, be made by the Goods, Shippers, Consignees or owners of the Goods to the Carrier before
delivery.

(iv) The Carrier shall have a lien on the Goods for all General Average contribution (including but not
limited to salvage) for which the Merchant is responsible and shall be entitled to a cash deposit or
other security therefor in a form acceptable to the Carrier. If the Carrier delivers the Goods without
obtaining security for general average contributions or such other expense, the Merchant, by taking
delivery of the Goods, undertakes personal responsibility to pay such contributions or expense and
to provide such cash deposit or other security for the estimated amount of such contributions or
expense as the Carrier shall reasonably require.

19. OPTIONAL STOWAGE, DECK CARGO AND LIVESTOCK
(i)The Goods may be stowed by the Carrier in Units.

(ii) Goods stowed in Units other than flats or pallets, whether by the Carrier or the Merchant, may be
carried on or under deck without notice to the Merchant. Goods (other than livestock) whether
carried on deck or under deck shall participate in general average and shall be deemed to be within
the definition of goods for purposes of the Hague Rules, Hague-Visby Rules or COGSA, as the case
may be.

(iii) Units and Goods which are stated on the face hereof to be carried on deck at shipper’s, or
Merchant’s, risk, are carried without responsibility on the part of the Carrier for loss or damage of
whatsoever nature arising during Carriage by sea whether caused by unseaworthiness or negligence
or any other cause whatsoever.

(iv) Live animals and plants are carried at the sole risk of the Merchant. In the case of live animals,
the Carrier shall be under no liability whatsoever for any injury, illness, death, delay or destruction
howsoever arising even though caused or contributed to by the act, neglect or default of the Carrier
or by the unseaworthiness or unfitness of any Vessel, craft, conveyance, Unit or other place existing
at any time.

20. DANGEROUS GOODS
(i) The Merchant undertakes not to tender for transportation any Goods which are of a dangerous,
inflammable, radio-active, or damaging nature without previously giving written notice of their
nature to the Carrier, marking the Goods and the Unit or other covering on the outside as required
by any laws or regulations which may be applicable during the Carriage. Carrier, in its absolute
discretion, may reject any Goods so tendered.

(ii) The Merchant warrants that such Goods are packed in a manner adequate to withstand the risks
of Carriage having regard to their nature and in compliance with all laws, regulations or requirements
which may be applicable to the Carriage.

(iii) The Merchant shall indemnify the Carrier against all claims, liabilities, loss, damage, delay, costs,
fines and/or expenses arising in consequence of the Carriage of such Goods, and/or arising from
breach of any of the warranties in clause 20.ii including any steps taken by the Carrier pursuant to
clause 20.i whether or not the Merchant was aware of the nature of such Goods.

(iv) Goods which are or are liable to become dangerous, inflammable, radio-active or damaging may
at any time or place, be unloaded, destroyed, disposed or rendered harmless without compensation
to the Merchant

21. NOTIFICATION, DISCHARGE AND DELIVERY:
(i) Any mention herein of parties to be notified on the arrival of the Goods is solely for information of
the Carrier. Failure to give such notification shall not involve the Carrier in any liability nor relieve the
Merchant of any obligation hereunder.

(ii) The Merchant shall take delivery of the Goods within the time provided for in the Carrier’s tariff. If
the Merchant fails to do so, the Carrier may without notice unpack the Goods if packed in Units
and/or store the Goods ashore, afloat, in the open or under cover at the sole risk of the Merchant.
Such storage shall constitute due delivery hereunder, and thereupon all liability whatsoever of the
Carrier in respect of the Goods, including for misdelivery or non-delivery, shall cease and the costs of
such storage shall forthwith upon demand be paid by the Merchant to the Carrier.

(iii) If the Goods are unclaimed within a reasonable time or whenever in the Carrier’s opinion the
Goods are likely to deteriorate, decay or become worthless, or incur charges whether for storage or
otherwise in excess of their value, the Carrier may at his discretion and without prejudice to any
other rights which he may have against the Merchant, without notice and without any responsibility
attaching to it sell, abandon or otherwise dispose of the Goods at the sole risk and expense of the
Merchant and apply any proceeds of sale in reduction of the sums due to the Carrier by the
Merchant.

(iv) Refusal by the Merchant to take delivery of the Goods in accordance with the terms of this clause
and/or to mitigate any loss or damage thereto shall constitute a waiver by the Merchant to the
Carrier of any claim whatsoever relating to the Goods or the Carriage thereof.

(v) The Carrier shall be entitled to an indemnity, from the Merchant for all costs whatsoever
incurred, including legal costs, for the cleaning and disposal of Goods refused and/or abandoned by
the Merchant

(vi) If the Carrier is obliged to discharge the Goods into the hands of any customs, port or other
authority, such discharge shall constitute due delivery of the Goods to the Merchant under this bill of
lading.

(vii) In all circumstances, Carrier shall have no liability whatsoever for the misdelivery of Goods in its
actual or constructive possession to persons holding forged or fraudulent documents which
reasonably purport to be original Bills of Lading or other original documents entitling them to
possession, so long as the Carrier acts innocently and does not intentionally deliver the Goods to
persons known by him to have no right to possession under the Bill of Lading.

22. VALIDITY
In the event that anything herein contained is inconsistent with any applicable
International convention or national law which cannot be departed from by private contract, the
Provisions hereof shall to the extent of such inconsistency but no further be null and void.

23. JURISDICTION AND LAW
Lading shall be governed by the law of Norway and any dispute arising hereunder shall be
determined by the Norwegian Courts according to local law to the exclusion of the jurisdiction of the
courts of any other country