BILL OF LADING

Shipper Booking No. B/L No.

SOCIEDAD INDUSTRIAL METAL ELECTRICA S.A.S OP00010974
NIT 890.919.436-2
Export References
CALLE 19 NO 43B 44 BARRIO COLOMBIA
TEL:(4) 316 73 00
MEDELLÍN - COLOMBIA [email protected]
Service Type
LCL

Consignee (If "to the order" please so indicate) For Delivery please apply to
RING RING & ENERGY CORPORATION - SUCURSAL PERU TIBA CARGO PERU S.A.C.
AV. CALLE CHICLAYO NRO. 675 (A UNA CUADRA DE COMANDANTE AVDA. TOMAS RAMSEY, 930 - INT. 1005, URB. SAN FELIPE -
ESPINAR) - LIMA - MIRAFLORES MAGDALENA DEL MAR
RUC 20515573365 15076, LIMA, Peru
RUC 20601410398

Notify Party Place of Receipt Port of Loading

RING RING & ENERGY CORPORATION - SUCURSAL PERU Buenaventura, Colombia
AV. CALLE CHICLAYO NRO. 675 (A UNA CUADRA DE COMANDANTE
Vessel Voyage No.
ESPINAR) - LIMA - MIRAFLORES
RUC 20515573365 MSC AURIGA 0001E
Port of Discharge Place of Delivery
Callao, Peru

PARTICULARS FURNISHED BY MERCHANT

Container No./Seal No./Marks No. of Packages Description of Goods Gross Weight & Measurement

SHIPPER'S LOAD AND COUNT

1 * 20DV
6 Pallet(s)

Container Type Packages Main commodity Weight Volume

LCL/LCL 20DV LCL CINTA DE ACERO INOX 1/2" * 100´ 3818.000 KG 3.630 M3
TEMU1632620 6 Pallet(s) C:22 EMPAQUE CAL 540K
Marks & numbers CIERRE EN AC INOX 1/2
SIMELCA CINTA DE ACERO INOX 1/2" * 100´
RING RING & C:22 EMPAQUE CAL 540K
ENERGY HS CODE: 7220120000, 7326190000
CORPORATION - PECAO23012F
SUCURSAL PERU
11627699427289
SEAL: CO1657032
LCL/LCL

INCOTERM: FOB

FREIGHT PAYABLE AT: LIMA, PERU

ORIGINAL
Freight & Charges Rate Currency Units Prepaid Collect

Freight USD 267.26

Forfait FOB Charges USD 35.00

HBL Place of Issue HBL Date of Issue Signed as agent for the Carrier WORLDWIDE CONTAINER LINE

Buenaventura 14/04/2023
Number of Original of B(s)/L Shipped on Board Date

3/THREE 14/04/2023

Page 1 of 1
1. Definitions. 9.4 If it thereupon appears that continuing with the carriage would be illegal or it creates reasonable doubts as to its lawfulness, the Freight Forwarder shall be
“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. The entitled to abandon the carriage, such abandonment constituting delivery under this bill of lading.
agent signing this Bill of Lading is only doing so as agent of the Carrier WCL Shipping Ltd. of Hong Kong, registered at 9/F., China Merchants Building, 10. Merchant’s responsibility.
303-307 Des Voeux Road Central, Sheung Wan, Hong Kong. 10.1 The merchant has furnished the Freight Forwarder with all statements on this Bill of Lading relating to marks, numbers, number and kind of packages,
“Container” includes any container, trailer, transportable tank, ISOtank, flexitank, at rack, pallet, tray and/or other item of transportation equipment description,quantity, quality, weight, measure, nature, kind, value, condition or other particulars of the container(s) and the goods. The merchant warrants that
including those in conformance with ISO standards. these statements are unknown to the Freight Forwarder and the Freight Forwarder is not liable in respect of them. as the Freight Forwarder is unable to check
“Goods” includes the goods supplied by the merchant, as described by the merchant in the front of this bill of lading, and includes the Container not supplied and assure its accuracy, in particular the condition of the cargo.
by or on behalf of the Freight Forwarder. It also includes livestock, plants, other live beings, and it also includes goods carried on deck. “Merchant” includes 10.2 The merchant warrants to the Freight Forwarder that the particulars relating to the goods as set out in this bill of lading have been checked by the merchant
the shipper, consignee, notify, the receiver of the Goods, the holder of the goods, the holder of this bill of lading by endorsement or other form of on receipt of this bill of lading and that such particulars, and any other particulars furnished by or on behalf of the merchant, are adequate and correct. The
transmission, 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 merchant also warrants that the goods are lawful goods, and contain no contraband, drugs, other illegal substances or stowaways, and that the goods will not
any person acting on behalf of any of the above mentioned persons in the course of the transport and multimodal chain. cause loss, damage or expense to the Freight Forwarder, or to any other cargo during the carriage.
“Freight” and “Charges” includes all freight and charges, as quoted by the Freight Forwarder, and all other related and ancillary costs and expenses arisen 10.3 If any particulars are included in this bill of lading pursuant to any letter of credit and/or details of any contract to which the Freight Forwarder is not a
pursuant to the execution of the carriage. It also includes the payment terms’ agreement between the merchant and the Freight Forwarder for all past, future party, and/or are shown on the face of this bill of lading, such particulars are included at the sole risk of the merchant and for his convenience. The merchant
and the actual transport. All freight and costs quotations of the Freight Forwarder are incorporated into this bill of lading. In case of inconsistency between agrees that the inclusion of such particulars shall not be regarded as a declaration of value and in no way increases the Freight Forwarder’s liability under this
the Freight Forwarders’ quotations and this bill of lading, this bill of lading shall prevail. bill of lading.
“Shipping Unit” includes freight unit and the term “unit” as used in The Hague or Hague Visby Rules and as described below. 10.4 The merchant shall comply with all laws and/or regulations and/or requirements of customs, governmental, port, health, sanitary and/or tax authorities,
“FCL” means full container load and “shipper’s load, count, stow and seal” or any similar phrase means that the merchant has performed the loading and and/or any other authorities whatsoever and shall bear any loss and/or damage, and pay all duties, taxes, fines, impose, expenses or losses incurred or suffered
stowage of the cargo in the container and has sealed the same; and means that the Freight Forwarder has not been involved in any of these operations. by reason of any failure to comply with such laws, regulations and/or requirements or by reason of any illegal, incorrect or insufficient marking, packing,
“LCL” means less than full container load. labelling, number or addressing of the goods, or for the discovery of any drugs, narcotics, stowaways or other illegal substances, and shall indemnify the Freight
“Port to port shipment” arises only when the Place of Receipt and the Place of Delivery are in blank in this bill of lading or when both Places are ports and Forwarder accordingly.
the bill of lading does not in the nomination of the Place of Receipt or the Place of Delivery specify any place or spot within the area of the port so 10.5 The merchant undertakes that the goods are packed in a manner adequate to withstand the ordinary risk of carriage having regard to their nature, including
nominated. but not limited to stowage and ventilation, and are in compliance with all laws, regulations, requirements and/or commercial and market usages for the particular
“Combined Transport” arises when the carriage reflected in this Bill of Lading is not a port to port shipment and needs more than one mode of transport. goods carried, which may be applicable.
“House to house shipment” arises only when the Place of Receipt and the Place of Delivery are not ports. 10.6. The merchant will be responsible for any loss or damage to the goods if the event generating the same occurred outside the period of responsibility of the
“Servant”, “agent” or “subcontractor” shall include all direct and indirect dependent and independent servants, agents or subcontractors engaged by the Freight Forwarder.
Freight Forwarder including their respective agents, servants and subcontractors. 10.7 The merchant warrants that no goods which are or may become dangerous, inflammable or damaging or which are or may become liable to damage any
“Bill of Lading” means this document agreed by the Freight Forwarder and the merchant, as defined by The Hague and Hague-Visby Rules. property or person whatsoever, shall be tendered to the Freight Forwarder for carriage without previously giving written notice to the Freight Forwarder and the
“Carriage” means the whole of the operations and services undertaken or performed by or on behalf of the Freight Forwarder in respect of the goods. Freight Forwarder giving its express consent in writing of their acceptance for carriage; and without marking and/or labelling the goods and the container or
“Stuffed” includes filled, consolidated, packed, loaded or secured. other covering and/or packing in which the goods are to be transported and the goods being distinctly marked on the outside so as to indicate the nature and
2. Merchant’s Warranty. 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 Freight
2.1 The merchant warrants that in agreeing to the terms hereof he is, or is the agent or has the authority of, the person owing or entitled to the possession of Forwarder without such written consent and marking, or if in the reasonable criteria of the Freight Forwarder the articles are or are to become dangerous, in
the goods or any person who has a present or future interest in the goods and/or in this bill of lading. ammable or of any damaging nature whatsoever, the same may at any time be destroyed, disposed of, or abandoned without compensation to the merchant and
2.2 The merchant warrants that the carriage contracted to the Freight Forwarder and that all the information given to the Freight Forwarder is legal and without prejudice to the Freight Forwarder’s right to freight and charges, that action taken by the Freight Forwarder amounting to be delivery of the goods.
complies with all applicable laws, regulations and requirements by any authority whatsoever. 10.8 The merchant shall be liable for the loss, damage, contamination, soiling, detention or demurrage before, during and after the carriage of property
2.3 The merchant warrants that it has provided the Freight Forwarder with all correct information, details and description of the carriage and of the goods (including, but not limited to, containers) of the Freight Forwarder or its subcontractors or any person or vessel (other than the merchant) when caused by the
and that it has taken all necessary steps to ensure its correctness and truthiness. merchant or any person acting on his behalf or for which the merchant is otherwise responsible.
3. Negotiability and title to the goods. 10.9 The merchant shall defend, indemnify and hold harmless the Freight Forwarder against any loss, damage, claim, liability or expense whatsoever arising
3.1 By accepting this bill of lading the merchant and its transferees agree with the Freight Forwarder that unless it is marked “non negotiable” it shall from any breach of the provisions of this clause, and/or also from any cause in connection with the goods for which the Freight Forwarder is not responsible.
constitute title to the goods and the holder, by endorsement of this bill of lading or by any other method of transfer, shall be entitled to receive or to transfer 10.10 The merchant warrants and undertakes that the container has been properly pre-cooled and that its thermostatic controls have been properly set by the
the goods. merchant. It also undertakes that it has checked that the isotank and/or the flexitank is in good order and condition, and that it is cargoworthy. The Freight
3.2 This bill of lading is prima facie evidence of the taking in charge by the Freight Forwarder of the goods. Proof to the contrary shall not be admissible Forwarder will not be responsible when damage or loss has occurred following the merchant’s failure to follow this duty. The merchant acknowledges that
when this bill of lading has been negotiated or transferred to a third party. logistics and transport operations with flexitanks are subject to the Freight Forwarder’s terms and conditions applicable to exitanks which are herein
4. Sub-Contracting. incorporated.
4.1 The Freight Forwarder shall be entitled to sub-contract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, 11. Freight and Charges.
handling, stuffing, consolidating and any all duties whatsoever undertaken by the Freight Forwarder in relation to the goods. 11.1 The merchant shall pay to the Freight Forwarder all freight and charges, as quoted by the Freight Forwarder, and all other related and ancillary costs and
4.2 In subcontracting as described in this clause, the Freight Forwarder is acting as agent. If, however, it shall be adjudged that any other than the Freight expenses arisen pursuant to the execution of the carriage. All freight and costs quotations of the Freight Forwarder are incorporated into this bill of lading.
Forwarder is considered to be carrier or bailee of the goods or under any responsibility with respect thereto, all exemptions and limitations of and 11.2 All freight, charges, costs and expenses shall be paid by the merchant without any right of set-off, counter-claim, deduction or discount of any kind.
exoneration from liability provided by law or by terms hereof shall be available to such other. It is also agreed that nothing herein contained shall be 11.3 All freight, charges, costs and expenses are deemed fully earned on receipt of the goods by the Freight Forwarder and are not returnable in any event, vessel
construed to limit or to relieve such other from liability to the Freight Forwarder for acts arising or resulting from their fault or neglect. and/or goods be lost or not lost, carriage being interrupted frustrated and/or abandoned.
5. Clause Paramount. 11.4 The insertion of phrases such as “freight payable at destination” or “freight collect” are only indicative of the place of payment, but also as provided in 11.3
5.1 The Hague Rules (or any legislation making such rules applicable, such as but not limited to the United States of America’s COGSA) contained in the above, the duty of payment in full arises once the goods have been received by the Freight Forwarder and on that moment the Freight Forwarder becomes
International Convention for the uni cation of certain rules relating to Bills of Lading dated Brussels 25th August 1924; or the Hague-Visby Rules contained entitled to full payment. The merchant acknowledges that these phrases do not vary the merchant’s duty as to payment of freight and charges and that cannot be
in the Protocol of Brussels, dated 23rd February 1968 when applicable; shall be herein incorporated and applicable to sea carriage. Where no mandatory used to refuse payment or to impose payment to someone different from itself. Should the bill of lading be silent about the place of payment of freight, and/or
international or national law applies, they are also incorporated and applicable as to inland waterways carriage. In both cases, the said legislation will apply should the consignee of the cargo not be the charterer or the shipper, the freight will be considered to be payable at destination.
irrespective of the goods being carried on or under deck. 11.5 Freight and charges have been calculated on the basis of the information and details provided by the merchant. The Freight Forwarder shall be entitled to
5.2 The Freight Forwarder is entitled to the full benefit of, and rights to, all limitations of and exclusions from liability and all rights conferred to or commercial invoice and other documents related to the goods so as to inspect, reweight, remeasure and/or revalue the goods and if the particulars are found to
authorised by any applicable law, statute or regulation of any country and to those arising from any law, statute or regulation available to the owner of the be incorrect, the merchant will pay all additional freight and costs, including those incurred by the Freight Forwarder in asserting the correctness of the details
vessel, and to the vessel itself, on which the goods are carried. provided by the merchant. The Freight Forwarder will have a lien on the goods and documents of carriage until all additional freight, charges and costs have
6. Responsibility of the Freight Forwarder. been paid by the merchant.
6.1 Period of Responsibility: The Freight Forwarder will only be pontentially liable to the goods between the time when it takes the goods into his charge 11.6 The merchant will reimburse the Freight Forwarder for all costs incurred due to war, warlike events, strikes, epidemics, authorities orders and force majeure
and the time of delivery, as defined in clause 16. events.
6.2 Responsibility for Port to Port Shipments: When in a port to port shipment, and only where loss or damage has occurred between the receipt of the goods 11.7 All parties de ned as merchant in this bill of lading shall be jointly and severally liable to the Freight Forwarder for the payment of all freight
by the Freight Forwarder at the port of loading and the time of delivery, as defined in 16.2 below, by the Freight Forwarder at the port of discharge, the and charges, demurrage, general average, salvage and all other charges, including but not limited to reasonable solicitor’s fees, incurred in collecting sums
liability of the Freight Forwarder shall be determined in accordance with the appropriate Hague Rules legislation as provided incorporated in this Bill of referred to in this clause.
Lading, under which there is no liability for delay. The Freight Forwarder shall not be liable for any loss or damage whatsoever in respect of the goods or of 11.8 The payment terms’ agreement reached between the merchant and the Freight Forwarder will become null, void and unenforceable if the merchant breaches
any other matter arising during any other part of the carriage even though charges for the whole carriage have been charged by the Carrier. any terms of it whatsoever. If breached by the merchant, all freight for past shipments will become immediately due and owing and the Freight Forwarder will
6.3 Responsibility for House to House or Combined Transport shipments: When in a house to house or combined transport shipment, the responsibility of be allowed to exercise any of its rights including but not limited to the lien in 12 below.
the Freight Forwarder shall be as follows: 12. Lien.
6.3.1 When the stage of the carriage where the loss or damage occurred can be determined: 12.1 The Freight Forwarder shall have a lien on the goods and on any documents related to them for all and any sums whatsoever due to the Freight Forwarder
6.3.1.1 The liability of the Freight Forwarder shall be determined by the provisions referred to that particular stage as established in any international by the merchant., and for any breach of the payment terms’ agreement between the merchant and the Freight Forwarder.
convention in effect both at the issuer’s country and the country where the loss or damage has occurred. 12.2 The Freight Forwarder shall be entitled, after serving notice in writing to the merchant, to take any legal action before any Court or Notary Public as
6.3.1.2 If no such convention results applicable as per above, liability shall be determined by the law of the country where this bill of lading has been issued allowed under the law applicable to this bill of lading, inter alia before non-payment of Freight and/or before the breach by the merchant of the payment terms’
as if the fact generating the loss or damage had occurred in that country, subject to the terms and conditions, if any, agreed by the Freight Forwarder, its agreement between the merchant and the Freight Forwarder, and/or to sell the goods as it thinks fit, including but not limited through public auction or private
agents and/or subcontractors, with the merchant. agreement, and to reimburse itself from all and any amounts due to the Freight Forwarderit.
6.3.2 When the stage of the carriage where the loss or damage occurred cannot be determined: 13. Optional Stowage, Deck Cargo and Livestock.
6.3.2.1 It is understood that the loss or damage occurred during sea carriage. As a consequence, the liability of the Freight Forwarder shall be determined as 13.1 Optional Stowage: The merchant agrees that goods may be stuffed and/or stowed by the Freight Forwarder in containers or any other cargo items and that
if it were a port to port shipment as per 6.2 above. the goods may be re-stuffed and/or re-stowed with other goods and/or transhipped to other vessels, barges, trains, trucks or other modes of transport. The
6.3.2.2 Where the Hague Rules or the Hague-Visby Rules, or any legislation making them applicable is not compulsorily applicable, the Freight Forwarder’s merchant authorises the Freight Forwarder to consolidate and/or deconsolidate the Goods, and to take any action or use any item or machinery in order to
limitation 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 the goods, consolidate and/or deconsolidate the Goods. Goods may be carrier carried on deck, on an open lorry, on an open trailer, or an open railway wagon without notice
whichever the lesser may be. to the merchant.
6.3.2.3 The value of the goods shall be determined by reference to the commodity exchange price. In absence of such price, its value will be 13.2 Deck Cargo and Livestock: The merchant agrees that, due to its own nature, goods which are carried on deck and livestock, whether being animals, plants
determined by reference to its market price, by taking into account the normal value of the goods of the same kind and quality. or other live beings whether or not carried on deck, are carried without responsibility on the part of the Freight Forwarder for any loss or damage whatsoever.
7. General Provisions as to Liability. The Freight Forwarder shall be under no liability whatsoever for any injury, illness, death, delay or destruction howsoever arising even though caused or
7.1 Delay: The merchant acknowledges that the Hague Rules and/or the Hague-Visby Rules do not make the Carrier and/or the Freight Forwarder liable for contributed to by the act, neglect or default of the Freight Forwarder or the vessel, craft,
delay. Further, all transit times given by the Freight Forwarder or its agents and subcontractors are indicative and are not guaranteed. The Freight Forwarder conveyance, container or other place existing at any time, or of the carriage. In the event of the master, in his sole discretion, considering that any livestock is
does not undertake that the goods shall arrive at the port of discharge or place of delivery at any particular time or to meet any particular market or use and likely to be injurious to the health of any other livestock or any person on board or to cause the vessel to be delayed or impeded in the prosecution of he voyage,
shall in no circumstances be liable for any loss or damage caused by delay. Without prejudice to the foregoing, if the Freight Forwarder is found liable for such livestock may be destroyed and thrown overboard without any liability attaching to the Freight Forwarder. The merchant shall indemnify the Freight
delay, liability shall be limited to 2,5 times the freight applicable to the relevant cargo affected and to the relevant stage of the transport. Forwarder against the cost of veterinary services on the voyage and of providing forage for any period during which the carriage is delayed for any reason
7.2 Consequential loss: The Freight Forwarder shall not be liable in any case for direct, indirect or consequential loss or damages caused by delay or by any whatsoever, and complying with the regulations of any authority of any country whatsoever with regard to such livestock.
other cause whatsoever. 13.3 Such goods in this clause, whether carried on deck or under deck, shall participate in General Average and such goods shall be deemed to be within the
7.3 General limitation of liability: Complementary to the limitations of liability described in this bill of lading, the Freight Forwarder, as carrier, is entitled to definition of goods for the purposes of the Hague or Hague-Visby Rules or any legislation making such Rules compulsorily applicable (such as but not limited
the full benefit of all rights and immunities and all limitations of, or exemptions from, liability provided in the London Convention on Limitation of Liability to the United States COGSA) to this Bill of Lading.
for Maritime Claims of 1976. 14. Methods and Route of Transportation.
7.4 Ad valorem: The Freight Forwarder’s liability may be increased only by a declaration in writing of the value of the goods by the shipper upon delivery of 14.1 The Freight Forwarder reserves to itself a reasonable liberty as to the means, route and procedure to be followed in the handing, storage and transportation
them to the Freight Forwarder, and only when such higher value has been inserted on the front of this bill of lading and only when, if as required by the of the goods.
Freight Forwarder, extra freight has been paid. If the declared value exceeds the actual value of the goods, the declared value shall prevail. In all cases, the 15. Matters affecting performance.
Freight Forwarder’s liability will not exceed the declared value of the goods, and any partial loss or damaged shall be determined pro rata on the basis of the 15.1 If at any time the carriage is or is likely to be affected by any hindrance, risk, delay, dif culty or disadvantage of any kind (including the condition of the
declared value. goods, its marking and/or labeling), whatsoever and howsoever arising (whether or not the carriage has commenced) the Freight Forwarder may:
7.5 Package or Shipping Unit limitation: Where the Hague or Hague-Visby Rules (or any national law making them applicable, such as but not limited to 15.1.1 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
The United States COGSA) apply, the Freight Forwarder shall not, unless a declared value has been provided as per 7.4 above, be liable for any loss or disposal at any place which the Freight Forwarder may deem safe and convenient, whereupon the responsibility of the Freight Forwarder in respect of such
damage of or in connection with the goods in any amount per package or shipping unit in excess of the package or shipping unit limitation as established by goods shall cease and delivery shall be deemed to have taken place.
such Rules or legislation. Should US COGSA be applicable, such limitation amount is of US$500. If no limitation amount can be applied under such Rules 15.1.2 Without prejudice to the carrier’s right subsequently to abandon the carriage under this clause, continue the carriage.
or national legislation, the limitation shall be of US$500. 15.2 Despite any event arising under this clause, the Freight Forwarder shall be entitled to full freight and charges from the merchant, plus all additional costs
7.6 Package or Shipping Unit: Where the container is loaded and stuffed by the Freight Forwarder, the number of packages or shipping units stated on this resulting from the above mentioned circumstances, including, but not limited to, demurrage and transhipment costs.
bill of lading shall be deemed to be the number of packages or shipping units for the purposes of 7.5 above. Where the container is loaded and stuffed by the 16. Notification and delivery.
merchant, and/or the clause “shipper’s load, stow and count” or “shipper’s load, stow, count and seal” or any similar phrase is inserted on the front of this 16.1 Noti cation: The Freight Forwarder will notify to the party described at the notify box in this bill of lading. Shall that box be empty, illegible
bill of lading, the container itself shall be considered to be the package or shipping unit for the purposes of 7.5 above. In case of dispute in determining the or the party there named not reachable, it will notify the merchant.
shipping unit to be used for these purposes, the container itself shall be considered to be the shipping unit. 16.2 Delivery: Delivery will take place either when the merchant takes physical delivery of the goods, or after 4 days after at the time when the Freight
7.7 Rust: The merchant agrees that superficial rust, oxidation, condensation or any like condition due to moisture, is not a condition of damage but inherent Forwarder has given notice to the notify party or to the merchant that the goods arrived at its destination or notice that the goods can be collected, whichever
to the nature of the goods and that acknowledgement of receipt of the goods in apparent good order and condition is not a representation that such conditions occurs first. If the merchant fails to take delivery of the goods after 4 days of the Freight Forwarder having issued such notice, delivery will be deemed to take
of rust, oxidation or the like did not exist on receipt. place and the Freight Forwarder’s responsibility over the goods will cease and it will be entitled to remove the goods from the container and/or store them
7.8 Commercial loss: In no event shall the Freight Forwarder be held liable for the loss of profits or loss of market position or profits suffered by the ashore, a float, in the open or under cover at the sole risk and expense of the merchant., and/or take any legal action before any Court or Notary Public as
merchant. allowed under the law applicable to this bill of lading.
7.9 Special arrangements: Unless the merchant gives notice in writing to the Freight Forwarder at the time he rst describes the goods to be carried, that those 17. Both-to Blame Collision.
goods require special arrangements or care, such as but not limited to temperature, condition, nature, fragility and/or high value, the Freight Forwarder will 17.1 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
not take such special arrangements and will be relieved of any responsibility whatsoever for not having employed such special arrangements or care. result of the total or partial negligence of the non-carrying vessel or object or the owner of, agent of, dependant of, charterer of or a person responsible for the
7.10 The defences and limits of liability provided for in this Bill of Lading shall apply in any action against the Freight Forwarder irrespective of the action non-carrying vessel or object, the merchant undertakes to defend, indemnify and hold the Freight Forwarder harmless against all claims by or liability to (and
being founded in contract or in tort. 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
8. Containers. 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
8.1 Merchant packed container: recovered by such vessel, object or person(s) against the Freight Forwarder, the carrier, the carrying vessel or her owners or charterers.
8.1.1 If the container has been loaded or stuffed by or by a third party on behalf of the merchant, and/or the phrase “shipper’s load, stow and count” or 17.2 This clause also applies where the owners, operators or those in charge of any ships or objects, other than or in addition to the colliding ships or objects, are
“shipper’s load, stow, count and seal” and/or any similar phrase is inserted in this bill of lading, the Freight Forwarder shall not be liable for any loss or at fault in respect of a collision, contact, stranding, grounding or other maritime incident.
damage to the goods or otherwise, if caused: 18. General Average.
(a) by the manner in which the container and/or its goods have been filled, stowed, packed, stuffed or loaded; or 18.1 The merchant shall indemnify the Freight Forwarder in respect of any sums and/or claims of general average nature which may be made on it and shall
(b) by the merchant’s failure to comply with any law, regulation, rule or recommendation applicable to the stuffing, packing, labelling, sealing and/or filling provide such security as may be required by the Freight Forwarder in connection with such sums and/or claims. The merchant agrees that the method of
of a flexitank or other equipment or container, including, but not limited to, law and regulations relating to matter of health, sanity, hygiene, security, liquidating the general average shall be that of the actual carrier and/or that of the Freight Forwarder, which will be binding on the merchant, in particular if the
dangerous goods, loading parameters or otherwise. method chosen is the private liquidation made by the Freight Forwarder. The Freight Forwarder is entitled to exercise a lien on the cargo and the transport
(c) by the unsuitability or defective condition of the container which would have been apparent upon reasonable inspection by the merchant at or prior to the documents until payment of the claimed sums are paid to it.
time when the container was filled, packed, stuffed or loaded; or 19. Variation.
(d) by the goods being unsuitable for container carriage; or 19.1 No servant or agent of the Freight Forwarder shall have power to waive or vary any term of this bill of lading unless such waiver or variation is in writing
(e) for the merchant not having sealed the container, or when the seal appears intact, or when the seal has been broken and/or changed due to the actions of and is specifically authorised or ratified in writing by a director of the Freight Forwarder.
Customs or other Authorities whatsoever for inspection of the goods or any other reason; or 19.2 The merchant and/or any other person or entity other than the merchant has no authority to unilaterally waive or vary the terms of this bill of lading. Any
(f) when the container has not been supplied by the Freight Forwarder. such waiver or variation or any attempt of it shall have absolutely no effect whatsoever.
8.1.2 The merchant shall defend, hold harmless and indemnify the Freight Forwarder for any loss, claim, liability or expense incurred as a consequence of 20. Invalidity or partial invalidity of clauses: bill of lading survival.
8.1 above. 20.1 Should any clause contained in this bill of lading, or any part of that clause, or should any silence and/or omission or missed information be considered
8.2 Freight Forwarder to provide container: unlawful, invalid, unenforceable, inoperative or otherwise by any court, tribunal, institution or person with suf cient authority to do so, the rest of the bill of
8.2.1 When the Freight Forwarder is instructed to provide a container, in the absence of a clear written request to the contrary, there is no obligation to lading and, as the case may be, the rest of the clause, shall remain valid and survive to the specific clause or part of the clause considered unlawful, invalid,
provide any particular type of container and the merchant will be responsible for any loss or expense created as a consequence. unenforceable, inoperative or otherwise, so as to make this bill of lading valid and applicable as if that clause or the part of it was not contained herein.
8.2.2 The merchant warrants that it has properly checked the cargoworthy condition of the container, and that if after 24 hours of having received the 21. Law and Jurisdiction.
container he does not send notice in writing to the Freight Forwarder rejecting the container for any reasonable ground that makes the container not 21.1 Notice of claim: Unless notice of loss or damage and a general nature of such loss or damage be given in writing to the Freight Forwarder at the port of
cargoworthy, the containershall be considered cargoworthy for the purposes of the carriage re ected in this bill of lading. discharge or place of delivery before or at time of delivery of the goods, or, if the loss or damage be not apparent, within three consecutive days after delivery,
8.2.3 The merchant undertakes to take reasonable care of the container when in its control, and undertakes to pay for any damage or loss caused by the the goods shall be deemed to have been delivered as described in this bill of lading.
merchant on the container, including but not limited to scratches, bumps, hits, cleaning due to dirtiness and/or smell, and theft. 21.2 Duty of the merchant: when the merchant makes a claim against the Freight Forwarder it must invite the Freight Forwarder to a joint survey allowing it to
9. Inspection of goods. gain all evidence to properly defend the claim. In particular, the merchant has a duty to keep the affected goods under its custody until the Freight Forwarder has
9.1 The Freight Forwarder or any authorised person shall be entitled, but under no obligation, to open any container or package at any time to inspect the been given the change to survey the goods and the alleged damages or losses. The merchant warrants that breach of this duty makes the Freight Forwarder
goods. unable to properly and justly defend the claim and the merchant accepts that the Freight Forwarder is not liable to pay any sums whatsoever.
9.2 If so required by any authority or by the merchant, or when inspected by the Freight Forwarder itself, the merchant shall bear all risks and costs of the 21.3 Time-Bar: The Freight Forwarder shall be discharged of all liability unless suit is brought in the proper forum and written notice thereof received by the
inspection,in particular, but not limited to, the breaking of the seal, loss, expense and/or delay. Freight Forwarder within one year after delivery of the goods, or after the date when the goods should have been deliveredcollected by the merchant.
9.3 If it thereupon appears that the contents or any part thereof cannot safely or properly be carried further, either at all or without incurring any additional 21.4 The Merchant warrants that no claims will be brought against any agent of the Carrier who has signed this Bill of Lading on behalf of the Carrier. The
expenseor taking any measures in relation to the container or its contents or any part thereof, the Freight Forwarder may abandon the transportation thereof merchant acknowledges that any responsibility lies with the Carrier and any claim must be directly brought before the Carrier.
and/or take anymeasures and/or incur any reasonable additional expense to carry or to continue the carriage or to store the same ashore or afloat under cover 21.5 Law and Jurisdiction: This bill of lading and the contract evidenced on it shall be construed according to and it is subject to the Laws of Spain. Any claim
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 Freight or dispute arising out of or in connection with this bill of lading or the contract evidenced on it shall be referred to the Courts of the City of Valencia in Spain
Forwarder against any additional expense so incurred. and to no other courts.