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• Bill Of Lading Endorsement

CONDITIONS:
Titles set forth below are for easy reference only.
1、APPLICABILITIES
Notwithstanding the heading "Combined Transport Bill of Lading,"the provisions set out and referred to in this document shall also apply if the transport as described on the face of this Bill of Lading is performed by one mode of transport only.

2、DEFINITIONS 
"Merchant"means and includes the Shipper, the Consignor, the Consignee, the Holder of this Bill of Lading ,the Receiver and the Owner of the Goods. The “Carrier" means Good Partner International Logistics CO.,LTD & Good Partner’s Authorized Agents . 

3、ISSUANCE OF THE "COMBINED TRANSPORT BILL OF LADING" 
3.1 By the issuance of this "Combined Transport Bill of Lading" the Carrier 
a)Undertakes to perform and/or in his own name to procure the perfectionism of the entire transport from the place at which the goods are taken in charge to the place designated for delivery in this Bill of Lading. 
b)Assumes liabilities as set out in this Conditions. 
3.2 CARRIER’ S TARIFF
The terms and conditions of the Carrier’s Tariff applicable at the time of shipment are incorporated herein. Copies of the relevant provisions of the applicable tariff are obtainable from the Carrier upon request. In Case of inconsistency between this Bill of Lading and the applicable tariff, this Bill of Lading shall prevail.
3.3 SUB-CONTRACTING, DEFENCES AND LIMITS
(1) 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 any and all duties whatsoever undertaken by the Carrier in relation the the goods.
(2)The Merchant undertakes that no claim or allegation shall be made against any servant, agent or sub-contractor of the Carrier 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 indemnify the Carrier against all consequences thereof Without prejudice to the foregoing, every such servant, agent and sub-contractor shall have the benefit of all provisions contained herein benefiting the Carrier as if such provisions were expressly for their benefit; and, in entering into this contract, the carrier, to the extent of those provisions, does so not only on its own behalf, but also as agent and trustee for such servants, agents and sub-contractors.
(3)The Expression "sub-contractor" in this clause shall include direct and indirect sub¬contractors and their respective servants and agents.
(4) The defence and limits of liability provided for in this Bill of Lading shall apply in any action against the Carrier for loss or damage to the goods whether the action be founded in contractor in tort.

4、NEGOTIABILITY AND TITLE TO THE GOODS
4.1 By accepting this Bill of Lading the merchant and his transferee agree with the Carrier that, unless it is marked "Non-negotiable",it shall constitute title to the goods and the holder,by endorsement of the Bill of Lading, shall be entitled to receive or transfer the goods herein mentioned.
4.2 This Bill of Lading shall be primary facia evidence of the taking in charge by the Carrier of the goods as herein described. However, proof to the contrary shall not be admissible when this Bill of Lading has been negotiated or transferred for valuable consideration to a third party acting in good faith.

5、DANGEROUS GOODS AND INDEMNITY
5.1 The merchant shall comply with rules which are mandatory according to the national law or by reason of international Convention, relating to the carriage of goods of a dangerous nature and shall in any case inform the Carrier in writing of the exact nature of this danger before goods of a dangerous nature are taken in charge by the Carrier and indicate to him, if need be, the Precautions to be taken.
5.2 If the merchant fails to provide such information and the Carrier is unaware of the dangerous nature of the goods and necessary precautions to be taken and if at any time they are deemed to be a hazard to life or property, they may at any place be unloaded, destroyed or rendered harmless, as circumstances may require, without compensation and the Merchant shall be liable for loss, damage, delay or expenses arising out of their being in charge, or their carriage, or of any service incidental thereto. The burden of proving the Carrier knew the exact nature of the danger constituted by the carriage of said goods shall rest upon the person entitled to the goods.
5.3 If goods shipped with the knowledge of the Carrier as to their dangerous nature shall become a danger to the vehicle or cargo, they may in like manner be unloaded or landed at any place of destroyed or rendered innocuous by the Carrier without any liability on the part of the Carrier, except to General Average, if any.

6、DESCRIPTION OF GOODS AND MERCHANT’S PACKING
6.1 The consignor shall be deemed to have guaranteed to the Carrier the accuracy at the time the goods were taken in charge by the Carrier of the description of the goods, marks, number, quantity, weight and/or volume as furnished by him, and the consignor shall indemnity the Carrier against all loss, damage and expenses arising or resulting from inaccuracies in or inadequacy of such particulars. The right of the Carrier to such indemnity shall in no way limit his responsibility and liability under this Bill of Lading to any person other that the consignor.
6.2 Without prejudice to Clause 7 (A)(2)(C)the Merchant shall be liable for any loss, damage, or injury caused by faulty or insufficient packing of goods or by faulty loading or packing within containers and trailers and on flats when such loading or packing has been performed by the merchant or on behalf of the Merchant by a person other than the Carrier, or by the defect or unsuitability of the containers, trailers of flats, when supplied by the Merchant, and shall indemnity the Carrier against any additional expenses so caused.

7、EXTENT OF LIABILITY 
A) 1 )The Carrier shall be liable for loss or damage to the goods occurring between the time when he takes the goods into his charge and the time of delivery.   The Carrier shall, however, be relieved of liability for any loss or damage if such loss or damage was caused by:
a)an act or omission of the Merchant,or person other than the Carrier acting on behalf of the Merchant or from whom the Carrier took the goods in charge.
b)Insufficiency or defective-condition of the packaging or marks and/or number.
c)Handling, loading, storage or unloading or the goods by the Merchant or any person acting on behalf of the Merchant.
d) Inherent vice of the goods.
e)Strike, lockout, stoppage or restraint or labor, the consequences of which the Carrier could not   avoid by the exercise of reasonable diligence.
f)Any cause or event which the Carrier could not avoid and the consequences whereof he could not avoid by the exercise of reasonable diligence.
g)A unclear incident if the operator of a unclear installation or a person acting for him is liable for this damage under an applicable international Convention or national law governing liability in respect of such unclear energy
2) The Burden of proving that the loss or damage was due to one or more of the above causes or events shall rest upon the Carrier. When the Carrier establishes 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 b) to d) above, it shall be presumed that it is so caused. The claimant shall, however, be entitled to prove that the loss or damage was not, in fact, caused wholly or partly by one or more of  these caused or events.
B) When in accordance with Clause 7A, 1) The Carrier is liable to pay compensation in respect of such loss or damage shall be determined by the provisions  contained in any international Convention or national law which provisions.
1) cannot be departed from by private contract , to the detriment of the claimant ang
2) would have applied if the Claimant had made a separate and direct contract with the Carrier in respect of the particular stage of transport 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.

8、PARAMOUNT CLAUSE 
8.1 CARRIER'S RESPONSIBILITY
In respect of carrier's liabilities, responsibilities, rights and immunity the Hague Rules contained in the International Convention for the Unification of Certain Rules Relating to Bills of Lading, signed at Brussels on August 25,1924 shall be applied.
8.2 The Both-to-blame Collision Clause currently published by the Baltic and International Maritime Conference is deemed to be incorporate into this Bill of Lading 
8.3 In the event of accident, danger, damage or disaster before or after the commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences of which, the Carrier is not responsible by statute.The following clauses are applicable only when document used as a Sea Waybill.

9、SHIPPER-PACKED CONTAINER 
CARRIER' S CONTAINERS
(1)The goods may be stowed by the Carrier in any type of container or similar article of transport used to consolidate goods,
(2)The Merchant shall assume full liability for and shall indemnify the Carrier against any loss of or damage to the Carrier's container(s) and other equipment(s) which occurs while in the possession or control of the Merchant, his agents or inland Carriers engaged by or on behalf of the Merchant,
(3)The Carrier shall in no event be liable for any loss of or damage to property of other persons or injuries to other persons caused by the Carrier's container(s) or the contents thereof during handling by,or while in the possession or control of the Merchant, his agents or inland Carrier engaged by or
on behalf of the Merchant
(4)Unless otherwise stated, the herein described container(s) is/are supplied by the carrier and the signing of this Bill of Lading is not a surrender of the ownership of  the container.
(5) The Merchant has the obligation and responsibility to check  the loading container(s) and other equipment(s) is/are in good condition and suitable for carrying，the loss caused by the Merchant’s negligence is not in compensation extent.  

10、DELAY, CONSEQUENTIAL, LOSS ETC
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. The Carrier shall in no circumstance be liable for any direct or consequential loss or damage arising from any other case. 

11、THE AMOUNT OF COMPENSATION  
11.1  When the Carrier is liable for compensation in respect of loss/damage to 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 Consignee in accordance with the contract or should have been so delivered. 
11.2  Compensation shall not, however exceed RMB200 per CBM or per Ton of the goods lost or damaged, unless with the consent of the Carrier; the Merchant has declared a higher value for the goods and such higher value has been stated in "Combined Transport Bill of Lading" in which case such higher value shall be the limit.
However, the Carrier shall not in any case be liable for a amount greater than the actual loss to the person entitled to make the claim.

12、DEFENSES
The defenses and limits of liability provided in this conditions shall apply in any action against the Carrier for loss or damage to the goods whether the action be founded in contract or in tort. 

13、LIABILITY OF SERVANTS AND SUB-CONTRACTOR 
13.1 If an action for loss of or damage to the goods is brought against a person referred to in paragraph 2 of Clause 3, such person shall be entitled to avail himself of the defenses and limits of liability which the Carrier is entitled to invoke under these conditions. 
13.2 However, if it is proved that the loss or damage resulted from an act or omission of this person done with intent to cause damage or recklessly and with knowledge that damage would probably result, such person shall not be entitled to benefit of limitation of liability provided for in paragraph 3 Clause 3.
13.3 Subject to the provisions of paragraph 2 of Clause 11 and paragraph 2 of this Clause, the aggregate of the amounts recoverable from the Carrier and the persons referred to in paragraph 3 of Clause 3 shall in no case exceed the limits provided for in these Conditions.

14、METHOD AND ROUTE OF TRANSPORTATION
The Carrier may at any time during the carriage:
(1)use any means of transport or storage whatsoever;
(2)transfer the goods from one conveyance to another including transshipment or carrying the same on another vessel than the vessel named overleaf or by any other means of transport  whatsoever.

15、DELIVERY
15.1 If delivery of the goods, or any part thereof is not taken by the Merchant at the time and place when and where the Carrier is entitled to call upon the Merchant to take  delivery there of, the Carrier shall be entitled to    store the goods or the part thereof at the sole risk of the Merchant, where upon the liability of the Carrier in respect   of the goods or part thereof stored as aforesaid(as the case may be )shall wholly cease and the cost of such storage (if paid by or payable by the Carrier or any agent or sub contractor of the Carrier) shall forthwith upon demand be paid by the Merchant to the Carrier 
15.2 Any mention herein of parties to be notified of the arrival of the Goods is solely for information of the Carrier, and failure to give such notification shall not give rise to any liability on the part of the Carrier or relieve the Merchant of any obligation hereunder.
15.3 Delivery will be made to the consignee or his authorized representative upon presentation of a delivery receipt or other evidence of identity and authorization satisfactory to the Carrier in his sole and absolute discretion without the need of producing or surrendering a copy of his Sea Waybill.

16、FREIGHT AND CHARGES
16.1 All dues, taxes and charges other expenses in connection with the goods shall be paid by the Merchant.
16.2 Freight and other amounts mentioned in this Bill of Lading are to be paid in the currency named in the Bill of Lading or at the Carrier’s option in the currency of the country of dispatch or destination at the highest rate of exchange for banker sight bills current for prepayable freight on the day of dispatch and for freight payable at destination on the day when the merchant is notified of arrival of the goods there or on the date of withdrawal of the delivery order, whichever rate is the higher or the option of the Carrier on the date of the Bill of Lading.
16.3 The Merchant warrants the correctness of the declaration of contents, insurance, weight, measurement or value of the goods but the Carrier reserves the right to have the contents inspected and the weight, measurement or value verified, if on such inspection, it is found the declaration is not correct it is agreed that a sum of equal either to live times the difference between the correct figure and the freight charged, or to double the correct freight less the freight charged, whichever sum is the smaller, shall be payable as liquidated damage to the Carrier for his inspection costs and losses of freight on other goods, notwithstanding any other sum having been stated on the Bill of Lading as freight payable
16.4 MATTERS AFFECTING PERFORMANCE(1 )If at any time the performance of the contract evidenced by this Bill of Lading is or is likely to be affected by any war, blockade, piracy epidemics, quarantine, ice, strikes, congestion and any other causes or risks which cannot be avoided by the exercise of any reasonable endeavours, the Carrier may treat the performance of this contract as terminated and place the goods or any part there of at the port of loading or place of receipt or any other port or place which the Carrier may deem safe and convenient and the contract of carriage shall be deemed to have been fulfiled, whereupon the responsibility of the Carrier in respect of such goods shall cease, (2)Sub- ject to sub-clause(1 )above, the Carrier shall nevertheless be entitled to full freight and charges on the goods received for transportation and the Merchant shall pay any extra expenses incurred under the aforesaid circumstances.

17、 LIEN
The Carrier shall have a lien on the goods for any amount due under Bill of Lading including storage fee and for the cost of recovering same, and may enforce such lien in any reasonable manner which he may think, fir.

18、GENERAL AVERAGE AND SALVAGE
General Average shall be adjusted at any port or place at the Carrier's option according to the York-Antwerp Rules 1974, as amended in 1990, and any other amendments thereto. The Merchant shall give such cash deposit or other security as the Carrier may deem sufficient to cover the estimated General Average contribution of the Goods before delivery.

19、NOTICE
NOTICE OF CLAIM, TIME BAR (1)Unless notice of loss of or damage to or damage to the goods be given in writing to the Carrier at the time of the removal of the goods by the Merchant against this Bill of Lading at the port of discharge or the place of delivery, such removal shall be prima facie evidence of the delivery by the Carrier of the goods as described in this Bill of Lading, If the loss or damage be not apparent, a notice of claim shall be given in witting within seven (7) consecutive days thereafter, Such notice of claim, however, is not required in case the Merchant has verified the goods jointly with the Carrier. (2)Subject to sub-clause ,(3)below the Carrier shall be discharged of all liabilities under this Bill of Lading unless suit is brought and written notice thereof given to the Carrier within nine months after delivery of the goods. In the case of total loss of the goods the period shall begin to run two months after the goods have been re¬ceived for transportation. (3) Notwithstanding sub clause(2)above. If the whole of the carriage undertaken by the Car¬rier is limited to the carriage from a CY or CFS in or immediately adjacent to the sea terminal at the port or loading to a CY or CFS in or immediately adjacent to the sea terminal at the port of discharge, the Carrier shall be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered.

20、NON DELIVERY
Failure to effect delivery within 90 days after the expiry of a time limit agreed expressed in A.C.T.Bill of Lading or where no time limit is agreed and so expressed, failure to effect delivery within 90 days after the time it would be reasonable to allow for diligent completion of the combined transport operation Shall, in the absence of evidence to the contrary give to the party entitled to receive delivery the right to treat the goods as lost.

21、TIME BAR 
The Carrier shall be discharged of all liability under the rules of these Conditions unless suit is brought within nine months after 
1）the delivery of goods, or  
2）the date when the goods should have been delivered, or
3) the date when in accordance with Clause 20, failure delivery the right to treat the goods of evidence to the contrary, give to the party entitled to receive delivery the right to treat the goods as lost.

22、JURISDICTION 
All disputes arising under or in connection with this Bill of Lading shall be determined by Chinese law in t he courts of the People’s Republic of China.