Shipper BILL OF LADING

PEPSICO ALIMENTOS Z.F. LTDA.

NO. CO08233184QK
NIT 900.189.181-1 CARRIER / MULTIMODAL TRANSPORT OPERATOR
ZONA FRANCA ESPECIAL VEREDA LA FLORIDA CORREDOR INDUS-
TRIAL
KM 3 VIA FUNZA SIBERIA FUNZA 250027
BOGOTA COLOMBIA

Consigned to order of

SNACKS AMERICA LATINA SRL

RUC: 20297182456 This box is filled in compliance with the requirements of Art. 30
AV FRANCISCO BOLOGNESI N 550 SANTA ANITA of the ICC uniform customs and practice for documentary credits,
TELEFÓNO: 7133100 Rev. 2007 Pubbl. No. 600.
PERU

Notify address

SNACKS AMERICA LATINA SRL

RUC: 20297182456
AV FRANCISCO BOLOGNESI N 550 SANTA ANITA
TELEFÓNO: 7133100
PERU

Place of receipt

BUENAVENTURA

Ocean vessel / Voyage Port of loading For delivered please apply to

SEASPAN BELLWETHER 2330W BUENAVENTURA

Port of discharge Place of delivery

CALLO CALLAO, PERU

Marks and numbers Number and kind of Description of goods Gross weight Volume
packages

N/M 1700 PACKAGE(S) LAYS ARTESANAS SAL MARINA 4.380 KGS 0 CBM
135GX15

Type of move
FCL
Container information:
FFAU3638049 / 40 DRY HIGH CUBE / DA67757- 001483 / 1700 PACKAGE(S) / 4380 KGS

OCEAN RATES AND CHARGES RATES, WEIGHT AND/OR MEASUREMENTS

SUBJECT TO CORRECTION
SEA WAYBILL
FREIGHT DETAILS PREPAID COLLECT
RECEIVED by Carrier for shipment ocean
vessel between port of loading and port of
discharge, and for arrangement or procure-
OCEAN FREIGHT USD 2300 ment of pre-carriage from place of receipt and
USD 50 on-carriage to place of delivery, where stated
MOUNTING
70 above, the good as specified above in appar-
DOC FEE USD
70 ent good order and condition unless otherwise
BL FEE USD stated. The goods to be dlivered at the above
80
GASTOS LOGISTICOS USD mentioned port of dicharge or place of de-
livery, whichever is applicable subject always
to the exceptions, limitations, conditions and
liberties set out on the reverse side hereof,
to which the Shipper and/or Consignee agree
to accepting this Bill of Lading. IN WITNESS
WEREOF three(3) original Bills of lading have
been signed, not otherwise

PLACE AND DATE OF ISSUE:

23/08/2023

BY:

AS AGENT FOR THE CARRIER

GRAND TOTAL USD 2570 0
 BILL OF LADING 9. CONTAINERS 16. DELIVERY
FOR PORT TO PORT SHIPMENT OR FOR COMBINED TRANSPORT
DEFINITIONS (1) Goods may be stuffed by the Carrier in or on Containers and Goods may be stuffed with If delivery of the Goods or any part thereof is not taken by the Merchant, at the time and place
other Goods. when and where the Carrier is entitled to fall upon the Merchant to take delivery thereon, the
"Merchant means and includes the Shipper, the Consignor, the Holder of this Bill of Lading, (2) The terms of this Bill of Lading shall Govern the responsibility of the Carrier in connection Carrier shall be entitled to store the Goods or any part thereof at the sole risk of the Merchant,
the Receiver and the Owner of the Goods. with or arising out of the supply of a Container to the Merchant, whether supplied before or where upon the liability of the Carrier in respect of the Goods or that part thereof stored as
"Carrier" means the issuer of this Bill of Lading as named on the face of it. after the Goods are received by the Carrier or delivered to the Merchant. aforesaid (as the case may be) shall wholly cease and the cost of such storage (if paid by
"Hague Rules" means the provisions of the International Convention for Unification of certain (3) If a Container has been stuffed by or on behalf of the Merchant. or payable by the Carrier or any agent of sub-contractor of the Carrier) shall forthwith upon
Rules relating to Bills of Lading signed at Brussels on 25th August 1924. (A) the Carrier shall not be liable for loss or damage to the Goods; demand be paid by the Merchant to the Carrier.
"Hague-Visby Rules" means the Hague Rules as amended by the Protocol signed at Brussels (i) caused by the manner in which the Container has been stuffed (ii) caused by the un-
on 23rd February 1968. suitability of the Goods for carriage in Containers; 17. BOTH-TO-BLAME COLLISION
"Hamburg Rules, means the provisions of the United Nations Convention on the Carriage of (iii)caused by the unsuitability or defective condition of the Container provided that where the
Goods by Sea 1978. Container has been supplied by or on behalf of the Carrier, this paragraph (iii) shall only apply If the vessel on which the Goods are carried (the carrying vessel) comes into collision with
"COGSA 1991" means the Carriage of Goods by Sea Act 1991 of Australia dated 1st if the unsuitability or defective condition arose (a) without any want of due diligence on the any other vessel or object (the non-carrying vessel or object) as a result of the negligence
November 1991. part of the Carrier or (b) would have been apparent on reasonable inspection by the Merchant of the non-carrying vessel or object or the owner of, charterer of or person responsible for
"COGSA 1971/92" means the Carriage of Goods by Sea Act of the United Kingdom dated at or prior to the time when the Container was stuffed; (iv) if the Container is not sealed at the the non-carrying vessel or object, the Merchant undertakes to defend, indemnify and hold
8th April 1971 and also includes the provisions of the Act dated 16th July 1992. commencement of the Carriage exopt where the Carrier has agreed to seal the Container. harmless the Carrier against all claims by or liability to (and any expense arising therefrom)
"COGSA 1936" means the Carriage of Goods by Sea Act of the United States of America (B) the Merchant shall defend, indemnify and hold harmless the Carrier against any loss, any vessel or person in respect of any loss of, or damage to, or any daim whatsoever of the
approved on 16th April 1936. damage, claim, liability or expense whatsoever arising from one or more of the matters cov- Merchant paid or payable to the Merchant by the non-carrying vessel or object, or the owner of,
"COGWA 1993" means the Carriage of Goods by Water Act of Canada dated May 6th 1993. ered by (A) above except for (A) (ili) (a) charterer of or person responsible for the non-carrying vessel or object and set off, recouped
"SDR'S" means Special Drawing Rights as defined by the International Monetary Fund. (4) Where the Carrier is instructed to provide a Container, in the absence of a written request or recovered by such vessel, object or person(s) against the Carrier, the carrying vessel or
"Container" includes any type of Container, Trailer, Flat or Unit Load Device. to the contrary, the Carrier is not under an obligation to provide a Container of any particular her owners or charterers.
"Person" includes an individual, a firm and a body corporate. type or quality.
18. FREIGHT AND CHARGES
CONDITIONS 10. PARAMOUNT CLAUSE
1. APPLICABILITY (1) Freight shall be paid in cash without discount and, whether prepayable or payable at
(1) This Bill of Lading insofar as it relates to sea carriage by any vessel whether named herein destination, shall be considered as earned on receipt of the Goods and not to be returned or
The provisions set out and referred to in this document shall apply if the transport as de- or not shall have effect subject to the Hague Rules or any legislation making such Rules or the relinquished in any event.
scribed on the face of the Bill of Lading is Port to Port or Combined Transport. Hague-Visby Rules compulsorily applicable (such as COGSA 1991 or COGSA 1936) to this (2) Freight and all other amounts mentioned in this Bill of Lading are to be paid in the currency
Bill of Lading and the provision of the Hague Rules or applicable legislation shall be deemed named in the Bill of Lading or, at the carrier's option in the currency of the country of dispatch
2. CARRIER'S TARIFF incorporated herein. or destination at the highest rate of exchange for Bankers Sight Bills current for prepayable
The Haque Rules (or COGSA 1936 if this Bill of Lading is subject to U.S. law) shall apply to Freight on the day of dispatch and for Freight payable at destination on the day when the
TARIFF the carriage of Goods by inland waterways and reference to carriage by sea in such Rules or Merchant is notified of arrival of the Goods there or on the day of withdrawal of the delivery
The provisions of the Carrier's applicable Tariff, if any, are incorporated herein. legislation shall be deemed to include reference to inland waterways. order, whichever rate is the higher, or at the option of the Carrier on the date of the Bill of
Copies of such provisions are obtainable from the Carrier or his agents upon request or, The Hague Rules or Hague Visby Rules applicable legislation shall apply to all Goods whether Lading.
where applicable, from a government body with whom the Tariff has been filed. carried on deck or under deck. If and to extent that provisions of the Harter Act of the United (3) All dues, taxes and charges or other expenses in connection with the Goods shall be paid
In the case of inconsistency between this Bill of Lading and the applicable Tariff, this Bill of States of America 1893 would otherwise be compulsorily applicable to regulate the Carrier's by the Merchant.
Lading shall prevail. responsibility for the Goods during any period prior to loading on or after discharge from the (4) The Merchant shall reimburse the Carrier in proportion to the amount of Freight for any
vessel, the Carrier's responsibility shall instead be governed by the provisions of Clause 8, costs for deviation or delay or any other increase of costs of whatever nature caused by war,
3. WARRANTY but if such provisions are found to invalid such responsibility shall be subject to COGSA 1936. warlike operations, epidemics, strikes, governments or force majeure.
(2) The Carrier shall be entitled (and nothing in this Bill of Lading shall operate to limit or (5) The Merchant warrants the correctness of the declaration of contents, insurance, weight,
The Merchant warrants that in agreeing to the terms hereof he is the agent of and has the deprive such entitlement) to the full benefit of, and rights to, all limitations of or exemptions measurement or value of the Goods but the Carrier reserves the right to have the contents
authority of the person owning or entitled to the possession of the Goods or any person who from liability and all rights conferred or authorised by any applicable law, statute or regulation inspected and the weight, measurement and value verified. If on such-inspection it is found
has a present or future interest in the Goods. of any country including, but not limited to, where applicable any provisions of sections 4281 the declaration is not correct it is agreed that a sum equal either to five times the difference
to 4287, indusive, of the Revised Statutes of the United States of America and amendments between the correct figure and the Freight charged, or to double the correct Freight less the
4. NEGOTIABILITY AND TITLE TO THE GOODS thereto and where applicable any provisions of the laws of the United States of America. Freight charged whichever sum is the smaller, shall be payable as liquidated damage to the
(3) Save where the Hague or Hague/Visby Rules apply by reason of (1) above, this Bill of Carrier for his inspection costs and losses of Freight on other Goods notwithstanding any
(1) This Bill of Lading shall be non-negotiable unless made "to order" in which event it shall Lading shall take effect subject to any national law in force at the port of shipment or place of other sum having been stated on the Bill of Lading as Freight payable.
be negotiable and shall constitute title to the Goods and the holder shall be entitled to receive issue of the Bill of Lading or elsewhere making the Hamburg Rules compulsorily applicable
or to transfer the Goods herein described. to this Bill of Lading in which case this Bill of Lading shall have effect subject to the Hamburg 19. LIEN
(2) This Bill of Lading shall be prima facie evidence of the taking in charge by the Carrier of Rules which shall nullify any stipulation derogating therefrom to the detriment of the shipper
the Goods as herein described. However, proof to the contrary shall not be admissible when or consignee. The Carrier shall have a lien on Goods and any documents relating thereto for all sums
this Bill of Lading has been negotiated or transferred for valuable consideration to a third party whatsoever due at any time to the Carrier from the Merchant and for General Average con-
acting in good faith. 11. LIMITATION AMOUNT tributions 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
5. ISSUANCE OF THIS BILL OF LADING (1) When the Carrier is liable for compensation in respect of loss or damage to the Goods, notice to the Merchant and at the Merchant's expense and without any liability towards the
such compensation shall be calculated by reference to the value of such Goods at the place Merchant.
By issuance of this Bill of Lading the Carrier assumes liability as set out in these Conditions and time they are delivered to the Consignee in accordance with the contract or should have
and been so delivered. 20. GENERAL AVERAGE
(1) For Port to Port or Combined Transport, undertakes to perform and/or in his ovn name to (2) The value of the Goods shall be fixed according to the current commodity exchange price,
procure the performance of the entire transport, from the place at which the Goods are taken or, if there be no such price, according to the current market price, or, if there be no commodity (1) The Carrier may declare General Average which shall be adjustable according to the
in charge to the place designated for delivery in this Bill of Lading. exchange price or current market price, by reference to the normal value of Goods of the same York/Antwerp Rules of 1994 at any place at the option of the Carrier and the amended Jason
(2) For the purposes and subject to the provisions of this Bill of Lading, the Carrier shall be kind and quality. Clause as approved by BIMCO is to be considered as incorporated herein and the Merchant
responsible for the acts and omissions of any person of whose services he makes use for the (3) Exœept where otherwise provided in this Bill of Lading, compensation shall not exceed shall provide such security as may be required by the Carrier in this connection.
performance of the Contract evidenced by this Bill of Lading, but see clause 26 below. 2 SDR's per kilo of the gross weight, or 666.67 SD's per package or unit, of Goods lost or (2) Notwithstanding (1) above, the Merchant shall defend, indemnify and hold harmless the
(3) When issued on a Port to Port Basis, the responsibility of the Carrier is limited to that part damaged, whichever shall be the greater. SD's shall be calculated as at the date when set- Carrier in respect of any claim (and any expense arising therefrom) of a General Average
of the Carriage from and during loading onto the vessel up to and during discharge from the tlement is agreed or judgement made. However, the Carrier shall not, in any case, be liable nature which may be made on the Carrier and shall provide such security as may be required
vessel and the Carrier shall not be liable for any loss or damage whatsoever in respect of for an amount greater than the actual loss to the person entitled to the claim. by the Carrier in this connection.
the Goods or for any other matter arising during any other part of the Carriage even though (4) Where the Hague Rules, Hague-Visby Rules or COGSA 1991 or COGSA 1936 or Ham- (3) The Carrier shall be under no obligation to take any steps whatsoever to collect security
charges for the whole Carriage have been charged by the Carrier. The Merchant constitutes burg Rules apply, the Carrier shall not, unless a declared value has been noted in accordance for General Average contributions due to the Merchant.
the Carrier as agent to enter into contracts on behalf of the Merchant with others for transport, with paragraph 5 of this Clause, be or become liable for any loss or damage to or in connec-
storage, handling or any other services in respect of the Goods prior to loading and subse- tion with the Goods in an amount per package or shipping unit in excess of the package or 21. NOTICE
quent to discharge of the Goods from the vessel without responsibility for any act or omission shipping unit limitation as laid down by the applicable Rules or Act or any legislation making
whatsoever on the part of the Carrier or others and the Carrier may as such agent enter into these Rules compulsorily applicable to this Bill of Lading. Such limitation amount, according Unless notice of loss or damage to the Goods and general nature of it be given in writing
contract with others on any terms whatsoever induding terms less favourable than the terms to COGSA 1971/92 and COGSA 1991 and COGWA 1993 is a sum of 2 SDR's per kilo of the to the Carrier or the persons referred to in paragraph 2 of Clause 5 at the place of delivery
in this Bill of Lading. gross weight, or 666.67 SDR's per package or shipping unit, of the Goods lost or damaged, before or at the time of the removal of the Goods into the custody of the person entitled to
whichever shall be the greater, and according to COGSA 1936 is US$500 per package or delivery thereto under this Bill of Lading, or if the loss or damage be not apparent, within seven
6. DANGEROUS GOODS INDEMNITY shipping unit, of the goods lost or damaged and according to Hamburg Rules is a sum of 2.50 consecutive days thereafter, such removal shall be prima facie evidence of the delivery by the
SDR's per kilo of the gross weight, or 835 SDR's per package or shipping unit, of the Goods Carrier of the Goods as described in this Bill of Lading.
(1) The Merchant shall comply with the rules which are mandatory according to the National lost or damaged, whichever shall be the greater. If no other limitation amount is applicable
Law or by reason of International Convention, relating to the carriage of Goods of a dangerous under the relevant compulsory legislation, the limitation shall be according to COGSA 1991. 22. NON DELIVERY
nature, and shall in any case inform the Carrier in writing of the exact nature of the danger, (5) The Carrier's liability, if any, may be increased to a higher value by the Shipper making
before Goods of a dangerous nature are taken in charge by the Carrier and indicate to him, if a declaration, in writing, of the Goods valuation on delivery to the Carrier of the Goods for If this Bill of Lading is issued evidencing the Carriers Contract of Carriage by Combined
need be, the precautions to be taken. shipment, such valuation to be inserted on the front of this Bill of Lading, in the space provided, Transport, failure to effect delivery within 90 days after the expiry of a time limit agreed and
(2) If the Merchant fails to provide such information and the Carrier is unaware of the dan- and extra freight paid if required by the Carrier. In suite "ateli '" the, antial, value , at the Goode expressed herein or, where no time limit is agreed and so expressed, failure to effect delivery
gerous nature of the Goods and the necessary precautions to be taken and if, at the time, they shat" excared, such declared evaluen the liability, if any, shall not exceed the declared value within 90 days after the time it would be reasonable to allow for diligent completion of the
are deemed to be a hazard to life or property, they may at any place be unload, destroyed or and any partial loss or damage shall be adjusted pro rata on the basis of such declared value. combined transport operation shall, in the absence of the evidence to the contrary, give to the
rendered harmless, as circumstances may require, without compensation, and the Merchant (6) Where a Container is used to consolidate Goods and such Container is stuffed by the party entitled to receive delivery, the right to treat the Goods as lost.
shall be liable for all loss, damage, delay or expenses arising out of their being taken in charge, Carrier, the number of packages or shipping units stated on the face of this Bill of Lading in
or their carriage, or of any services incidental thereto. the box provided shall be deemed the number of packages or shipping units for the purpose 23. TIME BAR
(3) If any Goods shipped with the knowledge of the Carrier as to their dangerous nature shall of any limit of liability per package or shipping unit provided in any International Convention
become a danger to the vessel or cargo, they may in like manner be unloaded or landed at or National Law relating to the Carriage of Goods by Sea or Water. Except as aforesaid the The. Carrier shall be discharged of all liability under the Terms and Conditions of this Bill of
any place or destroyed or rendered innocuous by the Carrier, without liability on the part of Container shall be considered the package, or shipping unit. The words 'shipping unit' shall Lading, unless suit is brought within nine months after
the Carrier, except General Average, if any. mean each physical unit or piece of cargo not shipped in a package, including articles or (1) the delivery of the Goods, or
things of any description whatsoever, except Goods shipped in bulk, and irrespective of the (2) the date when the Goods should have been delivered, or
7. DESCRIPTION OF GOODS AND MERCHANT'S PACKING weight or measurement unit employed in calculating freight charges. As to Goods shipped in (3) the date when in accordance with Clause 22, failure to deliver the Goods would, in the
bulk, the limitation applicable thereto shall be the limitation provided in such convention or law absence of evidence to the contrary, give to the party entitled to receive delivery, the right
(1) The Merchant shall be deemed to have guaranteed to the Carrier the accuracy, at the which may be applicable and in no event shall anything herein be construed to be a waiver of to treat the Goods as lost. In the event that such time period shall be found contrary to any
time the Goods were taken in charge by the Carrier, of the description of the Goods, marks, limitation as to Goods shipped in bulk. Convention or law compulsorily applicable, the period covered by such Convention or law shall
numbers, quantity, weight and/or volume as furnished by him, and the Merchant shall defend, then apply but in that circumstance only.
indemnify and hold harmless the Carrier against all loss, damage and expenses arising or 12. DELAY, CONSEQUENTIAL LOSS, ETC.
resulting from inaccuracies in or inadequacy of such particulars. The right of the Carrier to 24. VARIATION OF THE CONTRACT
such obligation from the Merchant shall in no way limit his responsibility and liability under this (1) Arrival times are not guaranteed by the Carrier. If the Carrier is held liable in respect of
Bill of Lading to any person other than the Merchant. delay, consequential loss or damage other than loss of or damage to the Goods, the liability No servant or agent of the Carrier shall have power to waive or vary any of the terms hereof
(2) Without prejudice to Clause 8 (A) (2) (c), the Merchant shall be liable for any loss, damage of the Carrier shall be limited to two and a half times the freight payable for the goods delayed unless such waiver or variation is in writing and is specifically authorised or ratified in writing
or injury caused by faulty or insufficient packing of Goods or by faulty loading or packing within but not exceeding the total freight payable under the contract of carriage or the value of the by a director or officer of the Carrier who has the actual authority of the Carrier so to waive or
containers and trailers and on flats when such loading or packing has been performed by Goods as determined in Clause 11 whichever is the lesser sum. vary.
the Merchant or on behalf of the Merchant by a person other than the Carrier, or by defect (2) If at any time the carriage is or is likely to be affected by any hindrance, risk, delay,
or unsuitability of the containers, trailers or flats, when supplied by the Merchant, and shall difficulty or disadvantage of any kind (including the condition of the Goods), whensoever and 25. PARTIAL INVALIDITY
defend, indemnify and hold harmless the Carrier against any additional expenses so caused. wheresoever arising (whether or not the carriage has commenced) the Carrier may:
(3) It is agreed that superficial rust, oxidation or any like condition due to moisture is not a (a) Without notice to the Merchant abandon the carriage of the Goods and where reasonably If any provision in this Bill of Lading is held to be invalid or unenforceable by any court or
condition of damage but-is inherent to the nature of the Goods and acknowledgement of the possible place the Goods or any part of them at the Merchant's disposal at any place which the regulatory or self regulatory agency or body, such invalidity or unenforceability shall attach
receipt of the Goods in apparent good order and condition is not a representation that such Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect only to such provision. The validity of the remaining provisions shall not be affected thereby
conditions of rust, oxidation or the like did not exist on receipt. of such Goods shall cease. and this Bill of Lading contract shall be carried out as if such invalid or unenforceable provision
(4) (a) The Merchant undertakes not to tender for transportation any Goods which re- (b) Without prejudice to the Carrier's rights subsequently to abandon the Carriage under (a) were not contained therein.
quire temperature control without previously giving written notice of their nature and particular above, continue the carriage. In any event the Carrier shall be entitled to full charges on Goods
temperature range to be maintained and in the case of a temperature controlled Container received for carriage and the Merchant shall pay any additional costs resulting from the above 26. MODIFIED COMBINED TRANSPORT CLAUSE
stuffed by or on behalf of the Merchant further undertakes that the Goods have been properly mentioned circumstances.
stuffed in the Container and that its thermostatic controls have been properly set by the Mer- (3) The liability of the Carrier in respect of the Goods shall cease on the delivery or other In case of a combined transport carriage to or from
chant before receipt of the Goods by the Carrier. If the said requirements are not complied with disposition of the Goods in accordance with the orders or recommendations given by any 1. Australia
the Carrier shall not be liable for any loss of or damage to the Goods by such non-compliance. Government or Authority or any person acting or purporting to act as or on behalf of such 2. C IS Countries
- (b) The Carrier shall not be liable for any loss of or damage to the Goods arising from latent Government or Authority. 3. the Continent of Africa
defects, derangement, breakdown, stoppage of the temperature controlling machinery, plant 4. the Middle East which, for the purposes of this Bill of Lading only, is expressly defined
insulation or any apparatus of the Containers, provided that the Carrier shall before or at 13. DEFENCES as: Afghanistan, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia,
the beginning of the transport exercise due diligence to maintain the temperature controlled Syria, Turkey, United Arab Emirates and Yemen Arab Republic.
Container in an efficient state. The defences and limits of liability provided for in these Conditions shall apply in any actions 5. India, Pakistan, Bangladesh and Sri Lanka
against the Carrier for loss of or damage or delay to the Goods whether the action be founded 6. The Peoples Republic of China the responsibility of the Carrier prior to loading and sub-
8. EXTENT OF LIABILITY in contract or in tort. sequent to discharge from the vessel at a port of loading or discharge to or from such places,
notwithstanding the provisions of 5(2) above, the provisions of 5(3) above till apply in that
A. (1) The Carrier shall be liable for loss or damage to the Goods occurring between the time 14. LIABILITY OF OTHER PERSONS when the stage of carriage where the loss or damage occurred is known and the Carrier has
when he takes he Goods into his charge and the time of delivery. sub-contracted that stage, the Carrier shall have the full benefit of all rights, limitations and
(2) The Carrier shall, however, be relieved of liability for any loss or damage if such loss or (1) Any person or vessel whatsoever, including but not limited to, the Carrier's servants or exclusions of liability available to such sub-contractor in the Contract between the Carrier and
damage was caused by agents, any independent contractor or his servants or agents, and all others by whom the such sub-contractor and in any law, statute or regulation and the liability of the Carrier shall
(a) an act or omission of the Merchant, or person other than the Carrier acting on behalf of whole or any part of the contract evidenced by this Bill of not exceed the amount recovered, if any, by the Carrier from such sub-contractor.
the Merchant or from whom the Carrier took the Goods in charge: Lading, whether directly or indirectly, is procured, performed or undertaken, shall have the
(b) insufficiency or defective condition of the packaging or marks and/or numbers: benefit of all provisions in this Bill of Lading benefiting the Carrier as if such provisions were
(c) handling, loading, storage or unloading of the Goods by the Merchant or any person acting expressly for his benefit and in entering into this contract the Carrier to the extent of these
on behalf of the Merchant: provisions, does so not only on his own behalf but also as agent or trustee for such persons
(d) inherent vice of the Goods: and vessels and such persons and vessels shall to this extent be or be deemed to be parties
(e) strike, lockout, stoppage or restraint of labour, the consequences of which the Carrier to this contract.
could not avoid by the exercise of reasonable diligence: (2) The aggregate of the amounts recoverable from the Carrier and the persons referred to in
(f) a nuclear incident if the operator of a nuclear installation or a person acting for him is paragraph (2) of Clause 5 shall in no case exceed the limits provided for in these conditions.
liable for this damage under an applicable International Convention or National Law governing
liability in respect of nuclear energy: 15. METHOD AND ROUTE OF TRANSPORTATION
(g) any cause or event which the Carrier could not avoid and the consequences whereof he
could not prevent by the exercise of reasonable diligence. (1) The Carrier may at any time, with or without notice to the Merchant, use any means of
(3) The burden of proving that the loss or damage was due to one or more of the above causes transport or storage whatsoever; load or carry the Goods on any vessel whether named on the
or events shall rest upon the Carrier. When the Carrier establishes that, in the circumstances of front hereof or not; stow the Goods, whether containerised or not, on or under deck; transfer
the case, the loss or damage could be attributed to one that it was be causes anthe vantmane the Goods from one conveyance to another including transhipping or carrying the same on a
shell n level,* )estentics to lore that the loss or damage was not, in fact, caused wholly or partly vessel other than that named on the front hereof or by any other means of transport what-
by one or more of these causes or events. soever; at any place unpack or remove Goods which have been stuffed in or on a Container
B. When in accordance with Clause 8 A. (1) the Carrier is liable to pay compensation in re- and forward the same in any manner whatsoever; proceed at any speed and by any route in
spect of loss or damage and the stage of transport where loss or damage occurred is known, his discretion (whether or not the nearest or most direct or customary or advertised route) and
the liability of the Carrier in respect of such loss or damage shall be:- proceed to or stay at any place whatsoever once or more often and in any order; load or unload
(1) determined by the provisions contained in any International Convention or National Law, the Goods from any conveyance at any place; comply with any orders or recommendations
which provisions (a) cannot be departed from by private contract, to the detriment of the given by any Government or Authority or any person or body acting or purporting to act as or
claimant, and (b) would have applied if the claimant had made a separate and direct con- on behalf of such Government or Authority or having under the terms of the insurance on the
tract with the Carrier in respect of the particular stage of transport where the loss or damage conveyance employed by the Carrier the right to give orders or directions; permit the vessel to
occurred and received as evidence thereof any particular document which must be issued in proceed with or without pilots, to tow or be towed or be dry-docked; permit the vessel to carry
order to make such International Convention or National Law applicable. livestock, Goods of all kinds, dangerous or otherwise, contraband, explosives, munitions or
(2) with respect to the transportation in the United States of America or in Canada to the Port warlike stores and sail armed or unarmed
of Loading or from the Port of Discharge, the responsibility of the Carrier shall be to procure (2) The liberties set out in paragraph (1) of this Clause may be invoked by the Carrier for
transportation by carriers (one or more) and such transportation shall be subject to the inland any purposes whatsoever whether or not connected with the Carriage of the Goods. Anything
carriers' contracts of carriage and tariffs and any law compulsorily applicable. The Carrier done in accordance with paragraph (1) of this Clause or any delay arising there from shall
guarantees the fulfilment of such inland carriers' obligation under the contracts and tariffs. be deemed to be within the contractual Carriage and shall not be a deviation of whatsoever
nature or degree.