Terms & Conditions

1.) DEFINITION. The word “Carrier” shall include SEACOR Island Lines LLC, 1300 Eller Drive, Fort Lauderdale, Florida 33316, the Vessel and the owner operator, charter and master of the Vessel, and any connecting or substituted water carrier performing transportation under the transportation agreement evidenced by this bill of lading. The word “Vessel” shall include the vessel named on the face of this bill of lading and any other vessel, lighter or watercraft owned, operated or chartered by the Carrier or any connecting or substituted water carrier performing transportation under the transportation agreement. The word “Shipper” shall include the person entering into the transportation agreement with the Carrier and for whose account the Goods are shipped. The word “Consignee” shall include the person named as such in this bill of lading and/or the holder of this bill of lading, properly endorsed, and/or the person who owns or is entitled to or receives delivery of the Goods, and all other persons lawfully entitled to possession of the Goods (other than the Carrier). The words “Goods” shall include articles of every kind and description, including their packaging, containers or other shipping units or material, tendered to the Carrier for transportation under this transportation agreement and described or identified on the face of this bill of lading. The word “charges” shall include, without limitation, freight, demurrage, equipment detention, general average, salvage, special charges, expenses and any other money obligations incurred and payable by the Shipper, or for the payment of which the Carrier has a security interest or maritime lien on the Goods under the transportation agreement or by operation of law. The phrase “Joint Service Connecting Carrier” shall include any non-vessel operating common carrier by rail, truck or air, and any other carrier, with whom the Carrier participates in any joint service under a through bill of lading in accordance with any applicable agreement. An endorsement that the Goods have been “shipped on board” means that the Goods have been loaded aboard the vessel named in the endorsement or the bill of lading, and an endorsement that the Goods have been shipped “on board” without naming a vessel means that the goods have been loaded aboard a rail car or the conveyances in the custody of a Joint Service Connecting Carrier.

2.) CLAUSE PARAMOUNT. The receipt, carriage and delivery of the Goods are governed by the provisions of the transportation agreement evidenced hereby and incorporated by this reference, including (l) the terms and conditions stated on front and back of this bill of lading and (ll) the provisions of the U.S. Carriage of Goods by Sea Act of the United States, enacted April 16, 1936 (“COGSA”), 46 U.S.C. § 1300 et seq. and reprinted in the notes to 46 U.S.C. § 30701. COGSA shall apply throughout the entire time the Goods are in the Carrier’s custody, including periods of the Carrier’s actual custody before the Goods are loaded on the Vessel and after discharge therefrom and to all movements and transportation of the goods over land, by air, rail, truck or other method occurring at whatsoever time provided that said transportation has been arranged by the Carrier. Such Act shall be extended to apply to Goods stowed on deck before the Goods are loaded on and after they are discharged from the Vessel, and throughout the entire time during which the Carrier is responsible for the Goods under the transportation agreement to the extent required by United States Law. Nothing contained herein is to be deemed a surrender by the Carrier of any of its rights, defenses, immunities or exemptions or limitations or to in any way increase the Carrier’s responsibilities or liabilities under COGSA. The Carrier’s tariffs are filed and published pursuant to the regulations of the Federal Maritime Commission, Washington D.C. USA and are available for public inspection and can be conveniently inspected at each of the Carrier’s offices and terminals where Goods are received for transportation and delivered after transportation. The provisions of the Carrier’s applicable tariffs and COGSA shall govern the relationship between the Shipper, Consignee, and every person having an interest in the Goods on the one hand, and the Carrier on the other, in every contingency whatsoever, and shall supersede any prior booking arrangement, mates or dock receipts, or other arrangement to the extent conflicting. The terms and conditions of this bill of lading and the instruments incorporated herein by reference shall be severable if any provision is invalid or unenforceable and if any breach of or deviation from any provision occurs, such circumstances shall not affect the validity or enforceability of the remaining provisions.

3.) FREIGHT. Freight, demurrage, container equipment detention and other charges shall be due and payable to the Carrier in accordance with the provisions of the Carrier’s applicable tariffs and this bill of lading. Freight may be calculated on the basis of information concerning the Goods furnished by the Shipper, but the Carrier may open containers, packages or other shipping units and examine weight, measure and identify the true nature and quantity and Goods. If Shipper-furnished information is determined to be erroneous and additional freight and other charges are payable, the Shipper, Consignee and the Goods shall be liable and responsible for any expense incurred by the Carrier in examining, weighing and measuring the Goods. Full freight to the port or point of delivery under the transportation agreement shall be completely earned upon receipt of the Goods by the Carrier, whether or not the freight is stated on the front side hereof or intended to be prepaid or collected at destination, and whether or not the Goods are damaged or sound, and shall be received and retained irrevocably under all circumstances whatsoever, Vessel and/or the Goods lost or not lost or the voyage broken up or abandoned. The Carrier shall have a lien on the Goods for freight, demurrage and all other charges earned or due under the transportation agreement or by operation of law and may enforce this lien by public or private sale and without notice. The Shipper and the Consignee shall be jointly and severally liable to the Carrier for the payment of freight and other charges, and the Shipper and the Consignee shall be bound by all the provisions of the transportation agreement unless otherwise expressly provided in the Carrier’s applicable tariffs. All freight and other charges shall be paid to the Carrier in full without offset, counterclaim or deduction in the currency specified in the Carrier’s applicable tariff, or, if no currency is so specified in the lawful currency of the United States or at Carrier’s option, and equivalent sum in the currency of the place of payment determined at the New York exchange demand rate in effect at the time the Goods are delivered for distribution by Carrier to itself and to any joint service carrier performing transportation services under a joint through bill of lading as their respective interest may appear. Payment of ocean freight and charges to a freight forwarder, broker or anyone other than SEACOR Island Lines or its authorized agent shall not be deemed payment to the Carrier and shall be made as the payor’s sole risk. The Shipper and the Consignee shall be liable to the Carrier for return freight and charges on goods refused exportation or importation by any government or public authorities and the Carrier accepts no responsibility therefor.

4.) AGREED VALUE: LIMITATION ON CARRIER’S LIABILITY. To secure a due proportion between the amount for which it may be responsible in the event of loss or damage to the Goods, and in accordance with the freight which it receives, the Carrier has established by its tariffs and offered the Shipper alternative rates of freight, namely, (1) its regular public or contract (lower) rates for goods limited in value as hereinafter agreed and (2) ad valorem rates for goods not so limited. Unless the Shipper shall cause the value of the Goods to be declared in writing before shipment and inserted in this bill of lading, and elects to pay freight at the ad valorem rate, Shipper elects to ship under the regular (lower) rate and agrees that for the purpose of computing any liability of the Carrier for loss or damage, the value of the Goods shall be their sound market value at destination which shall be presumed to be invoiced cost plus freight and insurance (or, where there is no invoice, the value of the Goods at the time and place of shipment plus freight and insurance) not in any event exceeding US$500 per package lawful money of the United States, or in case of Goods not shipped in packages, US$500 per customary freight unit; provided, however, that the Carrier’s liability for injury to or death of live animals, birds, reptiles and fish, resulting from any cause whatsoever including the Carrier’s negligence or the Vessel’s unseaworthiness, shall not exceed any limitations set forth in the Carrier’s tariff, and shall have the benefit of all the provisions of this bill of lading and COGSA. In the event of a higher value being declared by the Shipper, in writing and inserted in this bill of lading and extra freight paid thereon, if required, the Carrier's liability, if any, for loss of or damage to or in connection with the goods shall be determined on the basis of such declared value, and pro rata of such declared value in the case of partial loss or damage, provided such declared value does not exceed the actual value of the goods. In no event shall the Carrier be liable for more than the amount of damage actually sustained, nor shall the Carrier be liable for loss of or damage to any Goods not identified in the transportation documents furnished to the Carrier.

5.) JOINT SERVICE CARRIAGE AND ON-CARRIER. Shipments of Goods under joint rates and through routes in which Carrier and one or more Joint Service Connecting Carrier participates under any applicable agreement shall be subject to the provisions of this paragraph. The care, custody and carriage of the Goods during any period in which a Joint Service Connecting Carrier or its contractor or agent is in possession of the Goods shall be the sole responsibility of the Joint Service Connecting Carrier. If a Joint Service Connecting Carrier is a common carrier by rail or motor vehicle within the United States of America, the care, custody and carriage of the Goods are subject to the Contract Terms and Conditions of the Uniform domestic Bill of Lading adopted by the Joint Service connecting Carrier or applicable by force of law or regulation. If a Joint Service Connecting Carrier is an air carrier, the care, custody and carriage of the Goods are subject to the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929 and to the air carrier’s regular form waybill or other document evidencing the terms and conditions governing the air carriers performance to the extent set forth or incorporated by reference in an applicable freight tariff if loss or damage occurs after receipt of the Goods as acknowledged by this bill of lading, the liability therefor, if any, shall be that of the Carrier to the extent caused by the Carrier and shall be that of a Joint Service Connecting Carrier to the extent caused by such connecting carrier, provided however, if it cannot be determined which carrier’s custody the Goods were when lost or damage shall be deemed to have occurred while the Goods were in the care and custody of the Carrier.

Whenever the Goods are to be transshipped via an inland or other carrier ("on-carrier") from the destination named herein to another port or place, the Carrier acts only as the Shipper's forwarding agent in arranging for such on-carriage. The responsibility of the Carrier shall be limited to the period of its actual custody, and the Carrier shall not be liable in any capacity for any loss, damage or delay howsoever occurring during any such on-carriage, even though the freight for the entire transportation has been collected by the Carrier.

6.) GENERAL EXCEPTIONS CLAUSE. The Carrier shall not be liable for loss or damage resulting from any failure or delay in performance hereunder due in whole or in part to any of the following causes: act, neglect, default, barratry of the master, pilots, mariners or other servants of Carrier in the navigation or management of the vessel; fire, unless caused by personal design or neglect of the Carrier, collision; stranding, or peril, danger or accident of the sea or other navigable waters; act of God; act of war, act of public enemies; pirates or assailing thieves; arrest or restraint of princes, rulers or people; seizure under legal process; strike or lockout or stoppage or restraint of labor, riot or civil commotion; explosion, bursting or boilers, breakage or shafts or any latent defect in hull, equipment or machinery or unseaworthiness of the vessel unless caused by want of due diligence on the part of the Carrier to make the vessel seaworthy or to have her properly manned, equipped and supplied.

7.) CARRIER’S CONTRACTORS. Because the Carrier requires the assistance of others to perform the services undertaken under the transportation agreement evidenced by this bill of lading as well as transportation agreements between Carrier and other, every servant, agent stevedore, terminal services contractor, lighter operator, pilot or other independent contractor, including any inland carriers, truck lines, airlines and railroads for inland or over land transportation of the Goods, and their agents, servants and subcontractors, performing such services shall have the benefit of every exemption from and limitation of liability, defense, right and liberty to which the Carrier is entitled. For purposes of the forgoing provision, the Carrier shall be deemed to be the agent or trustee for the benefit of all such persons and all such persons shall be deemed to be parties to the transportation agreement evidenced hereby to that extent.

8.) SHIPPER’S WEIGHT, LOAD AND COUNT, SHIPPER’S WARRANTIES. When containers, vans, trailers, portable tanks, skids, palletized units, and other cargo units are not packed or loaded by the Carrier, the Carrier does not represent to be accurate and is not bound by any description of the value, quantity, weight, condition or existence of the contents thereof as furnished by or on behalf of Shipper or identified in this bill of lading by use of the phase “said to contain” or otherwise, and shall not be liable for any difference in value, quantity, weight or condition of the Goods furnished by or on behalf of the Shipper and that of the Goods actually delivered. The Carrier shall have no responsibility or liability whatsoever for the packing, loading, securing, shoring and/or stowage of contents of such cargo units, or for loss or damage caused thereby or resulting therefrom. The Shipper warrants that it or its authorized representative has inspected such cargo units before loading and that they are physically suitable to properly contain their contents. The Shipper and Consignee, with respect to cargo units not packed or loaded by Carrier, represent and warrant (a) that the Goods are properly described, marked, secured, and packed in their respective cargo units, (b) that any cargo units other than Carrier-furnished units are physically suitable, sound, and structurally adequate properly to contain and support the Goods during handling and on the voyage, and that such cargo units may be handled in the usual and customary manner without damage to themselves or to their contents, or to the Vessel or its other cargo, or property, or person, (c) that all particulars with regards to the cargo units and their contents, and the weight of each said cargo units are in all respects correct and (d) that such units are in compliance with all applicable government regulations. Shipper and Consignee, jointly and severally, agree to indemnify Carrier and to hold it harmless in respect of any injury or death of any person or any loss or damage to cargo or any other property or the Vessel or any other vessel or any expense including attorney’s fees caused by breach of any of the foregoing representations or warranties.

9.) UNDER DECK AND ON DECK STOWAGE. The Carrier has the right to carry Goods in containers, vans, trailer, flat beds, and portable tanks under deck or on deck. When such Goods are carried on deck, the Carrier shall not be required to specially note, mark or stamp any statements of “on deck” carriage on the face of this bill of lading nor to give notice thereof to the Shipper or Consignee in respect of Goods in containers, vans, trailers, or portable tanks carried on deck. The Carrier shall not be liable for loss or damage caused by perils incident to such on deck carriage. In respect of Goods not in containers, vans, trailer or tanks carried on deck under the transportation agreement, the Carrier shall so state such carriage on the front side hereof and all risk of loss or damage by water deterioration and other perils inherent in such carriage shall be borne by the Goods and anyone having an interest herein. Except as otherwise provided by any law applicable to this contract, if this bill of lading states that the cargo is livestock, or any other cargo which is to be stowed on deck, then Carrier shall not be liable for any non-delivery, delay or loss to Goods carried on deck, or livestock cargo, whether or not caused by Carrier’s negligence or the Vessel’s unseaworthiness.

10.) SPECIAL STOWAGE REFRIGERATION. Goods will not be provided in temperature controlled, insulated or naturally ventilated stowage unless the Carrier has undertaken such special stowage in advance of the Carrier’s receipt of the Goods and in the absence of such agreement the Shipper and the Consignee warrant that the Goods do not require such protection. The Carrier does not provide mechanically ventilated stowage and does not furnish or maintain preservative gasses in connection with temperature controlled stowage and the Carrier assumes no responsibility for loss or damage to Goods arising in whole or in part from any lack of such refrigerating machinery, plant, insulation, or of any apparatus of the container vessel conveyance or other facilities. If the Carrier shall before or at the beginning of the transport, have exercised due diligence to maintain such equipment in an efficient state and if the Goods have been packed into a refrigerated container, by or on behalf of the Shipper, it is the obligation of the Shipper to stow the content properly and set the thermostatic controls exactly. The Carrier shall not be liable for any loss of or damage to the Goods arising out of or resulting from the Shipper’s failure in such obligations. If the Carrier has packed the Goods into a refrigerated container and a temperature or temperature range has been disclosed to the Carrier by the Shipper to its authorized representative, Carrier will set the thermostatic control according with respect to both Carrier and Shipper packed containers where Carrier has undertaken by special agreement to carry the Goods at a particular temperature or temperature range. The Carrier undertakes only that the refrigeration equipment shall perform within the operating specifications of the equipment and makes no warranty or agreement with respect to the actual temperature of any commodity, fruit, vegetables, meat, fish or any perishable Goods within the container.

11.) RECONDITIONING. In the event that Carrier must perform reconditioning, cooperage and/or re-stowage of the Goods for the safety of persons or of the Goods or other property or to bring the Goods into conformance with applicable law, Carrier shall be reimbursed therefor of accessorial labor and equipment rental rates named in any applicable tariff or if no such rate apply at 120% of Carrier’s costs of performing such work.

12.) TRANSSHIPMENT, SUBSTITUTION OF VESSEL. Whether or not the Goods are consigned to a port or point where the Vessel does not discharge, the Carrier may without notice transship the whole of any part of the Goods before or after loading at the original port of shipment or any other place or places even though outside the scope of the voyage or the route to or beyond the port of discharge or the destination of the Goods by any substitute or connecting water carrier’s vessel or other means of transportation by water or by land or by air, whether operated by the Carrier or by others.

13.) SCHEDULE DELAY. The Carrier does not undertake that the Goods will be transported from or loaded at the place of receiving or loading or will arrive at the place of discharge destination or transship aboard any particular vessel or other conveyance at any particular date or time or to meet any particular market or in time for any particular use. Scheduled or advertised departure and arrival times are only expected times and may be advanced or delayed if the Carrier and/or any Joint Service Connecting Carrier shall find it necessary, prudent or convenient. In no event shall the Carrier be liable for consequential or other damages for delay in the scheduled departures or arrivals of the vessel or other conveyance transporting the Goods.

14.) SCOPE OF THE VOYAGE, CARRIER’S LIBERTIES. The voyage may call at scheduled ports in or out of the usual order, may provide substituted service by modes other than water as may be provided for by applicable tariffs, may omit schedule routes or ports, may include unscheduled routes or ports and may lighter the Goods. The Master shall not be required or bound to sign Bills of Lading for any blockaded port or for any port which the master or Carrier and/or the owners of the Vessels in his or its discretion consider dangerous or impossible to enter or reach. The Vessel may sail with or without tugs or pilots, undertake rescue or salvage tow or be towed or undergo dry-docking or repairs. In any situation whatsoever which in the opinion of the Master or the Carrier gives rise to risk of seizures, detention, damage, loss, delay or disadvantage to the Vessel or the Goods of materially detaining the equipment of the Carrier or would make it imprudent, unlawful or commercially impractical to commence or continue the voyage or to enter or discharge the Goods at the port of discharge, the Master or the Carrier may discharge the Goods, or any part of them, at any port or place considered by the Carrier to be safe or advisable under the circumstances and forward or arrange to forward the Goods by rail, water, motor vehicle or air or place the Goods in storage facility or warehouse, at the risk and expense of the Goods. The exercise of any of the foregoing liberties by the Carrier or the Master shall constitute performance under the transportation agreement and not a deviation from the scope of the voyage. When the Goods are discharged from the Vessel and delivered to a forwarding agent or Carrier or to a warehouse or storage facility under the provisions of this paragraph or when required to be delivered to local customs authorities under local law, such discharge and delivery shall constitute complete and delivery and performance under the transportation agreement.

15.) DELIVERY UNDER NEGOTIABLE BILLS OF LADING. If the Goods are consigned “to order” on the face hereof, the Goods shall be delivered at the place of delivery upon surrender of the original properly endorsed bill of lading, provided however if the Goods are to be transshipped via a connecting carrier to a destination point beyond the place of delivery stated on the face hereof Carrier on behalf of the Shipper and Consignee, or the representative of either of them, at the risk and expense of the Goods, may deliver the Goods to the connecting carrier without surrender of the original properly endorsed bill of lading.

16.) UNDELIVERED GOODS. If for any reason whatsoever the Consignee refuses or fails to take delivery of the goods upon the arrival and availability at destination and upon expiration of tariff prescribed free-time and any notice of arrival availability or demand given by the Carrier, the Carrier may, without further notice or demand and in addition to any other legal or equitable remedies, exercise its maritime lien for any charges due at a private judicial sale of the Goods or may place the Goods in storage at the risk and expense of the Goods subject to a lien in favor of the Carrier for any charges due.

17.) CARRIER’S CONTAINERS AND OTHER ITEMS FURNISHED BY CARRIER. Whenever a Shipper or Consignee, or an agent or contractor acting on behalf of either of them, shall take possession of Carrier’s container equipment in accordance with applicable tariff rules, the Shipper or Consignee in possession or for the benefit of whom an agent or contractor has taken possession, shall defend, indemnify and hold harmless the Carrier from and against any loss or damage to Carrier’s equipment and third party property and injury to or death of persons arising out of the use of said equipment. Containers, flatracks or other items furnished or supplied by on behalf of the Carrier shall be returned to the Carrier within the time frame specified by the Carrier, in the same condition as when handed over to the Shipper, ordinary wear and tear excepted, with the interiors clean and free from any cargo or debris. The Shipper and the Consignee shall be jointly and severally liable to the carrier for any loss, damage or delay, including any demurrage and detention incurred in accordance with the provisions of the Carrier’s tariff.

18.) DANGEROUS, HAZARDOUS OR NOXIOUS CARGO. Goods of a flammable, explosive corrosive, radioactive, noxious, hazardous, unstable or dangerous nature, shipped without full disclosure in writing to the Carrier as to their nature and character, may at any time before discharge be landed at any place, thrown overboard, destroyed or rendered innocuous without liability on the part of the Carrier or other shippers or consignees, and even if such disclosure is made, the Carrier may, without incurring any liability, make the same disposition of such Goods, if in the opinion of the Carrier they shall be or become dangerous or noxious to the Vessel or cargo or to persons. The Shipper shall indemnify the Carrier for all losses, damages, liabilities, fines, civil penalties and expenses (including attorney’s fees) suffered by the Carrier caused in whole or part by omission of full disclosure required by this paragraph or by applicable law or regulations.

19.) CONDITION OF IRON, STEEL AND METAL PRODUCTS. The term “apparent good order” when used in this bill of lading with reference to iron, steel or metal products, does not mean that the Goods, when received, were free of visible rust or moisture. If the Shipper so requests, the bill of lading will be issued setting forth any notations as to rust or moisture which may exist at the time such Goods were received.

20.) MARKS. The Goods shall be distinctly, correctly and permanently marked by the Shipper when delivered for shipment, except for Goods shipped in bulk or as otherwise expressly provided in an applicable Carrier tariff.

21.) GENERAL AVERAGE. General average shall be adjusted, stated and settled according to York/Antwerp Rules 1974 except Rule XXII thereof, at such port or place in the United States as may be selected by the Carrier, and as to matters not provided for by these Rules, according to the laws and usages at the Port of Laudania, Florida, or the port or place of adjustment, and in the currency selected by the Carrier. In applying these Rules, expenditures and/or sacrifices which are necessary for the safe prosecution of the voyage and which are otherwise allowable under Rules X, XI, XII, XIV, or XV shall be allowed irrespective of the definition of a general average act contained in rule A. In connection with such adjustment, disbursements in foreign currencies shall be exchanged into legal tender of the United States at the rate prevailing on the dates made and allowances for loss of or damage to cargo claimed in foreign currency shall be converted at the rate prevailing on the last day of discharge at the port or place of final discharge of such damaged cargo from the ship. Average agreement or bond, and such additional security as may be required by the Carrier, must be furnished before delivery of the Goods together with such cash deposit as the Carrier may deem sufficient as additional security for the contribution of the goods and for any salvage and special charges thereon shall without prejudice to the ultimate liability of the parties be made by the Goods, the Shipper or the Consignee to the Carrier before delivery. Such deposits shall, at the option of the Carrier, be payable in legal tender of the United States and be remitted to the adjuster and when so remitted the deposit shall be held in a special account at the place of adjustment in the name of the adjuster pending settlement of the general average and refunds or credit balances, if any, shall be paid in legal tender of the United States. In the event of accident, danger, damage, or disaster before or after commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not for which or for the consequence of which the Carrier is not responsible by statute, contract or otherwise, the Goods, the Shipper and Consignee shall contribute with the Carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage general and special charges incurred in respect of the Goods. If a salvaging ship is owned and operated by the Carrier or another water carrier transporting the Goods, salvage shall be paid as fully as if salvaging ship belonged to strangers.

22.) NEW JASON CLAUSE. 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 consequence of which, the Carrier and/or owners of the Vessels are not responsible, by statute, contract or otherwise, the goods, shippers, consignees or owners of the goods shall contribute with Carrier and/or the owners of the Vessels in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the goods.

If a salvaging vessel is owned or operated by the Carrier and/or owners of the Vessels, salvage shall be paid for as fully as if said salving vessel or vessels belonged to strangers. Such deposit as the Carrier and/or owners of the Vessels or their agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, shippers, consignees or owners of the goods to the Carrier and/or owners of the Vessels before delivery.

23.) BOTH TO BLAME COLLISION CLAUSE. If the Vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, neglect or default of the master, mariner, pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the Goods carried hereunder will indemnify the Carrier against all loss, or liability to the other or non-carrying vessel or her owners in so far as such loss of liability represents loss of, or damage to, or any claim whatsoever of the owners of the said goods, paid or payable by the other or non-carrying vessel or her owners to the owners of said goods and set off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying vessel or carrier. The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect to a collision, allision, stranding, other accident or contact.

24.) LOSS OR DAMAGE BY FIRE. The Carrier shall not be liable for any loss or damage to the Goods occurring at any time even though before loading on or after discharge from the vessel by reason or by means of any fire whatsoever, unless such fire shall be caused by the design or neglect, or by the actual fault or privity, of the Carrier.

25.) WAR RISKS: GOVERNMENTAL ORDERS. The Carrier shall have liberty to carry goods declared by any belligerent to be contraband and persons belonging to or intending to join the armed forces or governmental service of any belligerent to sail armed or unarmed and with or without convoy and to comply with any orders, requests or directions as to loading, departure/arrival routes, ports of call, stoppage, discharge, destination, delivery or otherwise howsoever given by the government of any nation or department thereof or any person acting or purporting to act with the authority of such government or of any department thereof or by any committee or person having under the terms of the war risk insurance on the Vessel the right to give such orders, requests, or directions, delivery or other disposition of the Goods in accordance with such orders, requests, or directions shall constitute performance of the Carrier’s delivery obligations under the transportation agreement and all responsibility of the Carrier in whatever capacity shall terminate upon such delivery or other disposition.

26.) NOTICE OF LOSS. The Carrier and the Vessel shall be discharged from all liability in contract and in tort in respect of loss, damage, delay, un-delivery or conversion unless written notice of loss or damage is provided to the Carrier within 3 days after delivery of the Goods or the date when the Goods should have been delivered. Investigating, negotiating or otherwise dealing with claim by Carrier or its attorneys or representatives shall not be admission of liability and shall not be deemed a waiver of this provision. A claim against a Joint Service Connecting Carrier is subject to the claims, filing notice and time for suit requirements provided for in their terms and conditions which may prescribe periods within which notice must be given. All claims shall be filed in writing with SEACOR Island Lines LLC 1300 Eller Drive, Fort Lauderdale, Florida 33316.

27.) HEADINGS. The headings set out at the beginning of numbered paragraphs are for convenience of reference only and shall not be considered in the interpretation and construction of the terms and conditions of this bill of lading.

28.) DEMISE CLAUSE. If the ship is not owned by or chartered by demise to the company or line by whom this bill of lading is issued (as may be the case not withstanding anything that appears to the contrary) this bill of lading shall take effect only as a contract with the owner or demise chartered, as the case may be, as principal made through the agency of the said company or line who acts as agent only shall be under no personal liability whatsoever in respect thereof.

29.) VALUABLE GOODS. The Carrier shall not be responsible for specie, bullion, jewelry, plate, precious stones or metals, bank notes, bonds or other negotiable documents or valuables until actually delivered on board the ship to the Master or other officer in charge of the deck at the time and signed by him. Delivery must be taken on the ship’s deck at port of discharge and the Carrier’s responsibility shall thereupon cease. Such articles are received and the rate of freight has been specially adjusted upon the condition and understanding that the value thereof has been insured by the shipper or others for account of the Carrier in respect of its liability, under usual form of Lloyds Policy or equivalent, and that the Shipper by accepting this bill of lading represents that such insurance has been affected, and undertakes that the Policy shall be available for the Carrier’s protection in case of need.

30.) LUMBER, TIMBER, PLYWOOD AND WOOD PRODUCTS, ETC. The Carrier or the ship shall not be responsible for stains, discolorations, checks, holes, chafage, breakage or splitting of lumber, timber, plywood or wood products, whether or not unprotected or partly covered.

31.) FREIGHT AND CHARGES OVERDUE. Carrier shall be entitled to recovery of all costs of collection, including but not limited to reasonable collection agency fees, reasonable attorney fees at both the trial and appellate levels, on all overdue amounts; 12% interest compounded daily commencing on the date the delinquent account is given to a collection agency and/or attorney for collection.

32.) WAIVER OF CERTAIN DAMAGES. In no event shall the Carrier be liable for any special, indirect, consequential, exemplary or punitive damages, lost profits or revenue, or other business interruption damages arising out of or in connection with this bill of lading, whether resulting from negligence, breach of duty (whether statutory, contractual or otherwise) or any other cause.

33.) LIMITATION OF LIABILITY. This Contract is not a personal contract, and nothing herein shall be construed to give rise to a personal contract. Carrier and/or the owners of the Vessels shall be entitled to the full benefit of the all the rights and immunities and all limitations of, or exemptions from, liability in accordance with the United States Limitation of Vessel Owner’s Liability Act (46 U.S.C. § 30505 et seq., as amended) and the General Maritime Law of the United States, which Act and Law are hereby stipulated by the parties to be applicable, and of any other provisions of the laws of the United States or of any other country or place whose laws may be applicable.

34.) FORUM SELECTION CLAUSE. Any claims or disputes arising under this bill of lading shall be submitted to the sole and exclusive jurisdiction of the U.S. District Court for the Southern District of New York and for submission of the claim or dispute for bench trial without jury. The laws of the State of New York, without application of its conflict of law principles, shall apply in the event and to the extent that any state law is to be deemed applicable.