GHULAM AUTO

Notwithstanding the heading “Combined Transport Bill of Lading” the provisions set out and referred to in thisdocument shall also apply if transport as described on the face of the Bill of Lading is performed by one mode of transport only. RECEIVED by the Carrier from the Merchant in apparent good order and condition unless otherwise indicated, the Goods, or the container(s) or package(s) said to contain the Goods, to be carried subject to all the terms on the face and back of this Bill of Lading, from the place of receipt or the port of loading to the port of discharge or place of delivery, there to be delivered. If required by the Carrier, this bill of Lading duly endorsed must be surrendered in exchange for the Goods or delivery order. None of the terms of this Bill of Lading can be waived by or for the Carrier except by express waiver signed by a duly authorized agent of Carrier. 1. Definitions: When used in this Bill of Lading (A) "Carrier" means Ghulam Auto, Inc. (B) "Inland Carrier" means Carriers (other than the Carrier) by land, water or air, participating in combined transport of the Goods, whether acting as Carrier or Bailee. (C) "Combined Transport" means carriage of the Goods under this Bill of Lading from place of receipt from Merchant to place of delivery to Merchant by the Carrier plus one or more Inland Carriers. (D) "Port-to-Port Transportation" means carriage of the Goods under this Bill of Lading other than combined transport. (E) "Merchant" includes the shipper, consignor, consignee, owner, and receiver of the Goods and the holder of this Bill of Lading. (F) "Goods" mean the cargo described on the face of this Bill of Lading and, if the cargo is stuffed into container(s) supplied or furnished by or on behalf of the Merchant, include the container(s) as well. (G) "Vessel" includes the vessel named on the face of this Bill of Lading and any ship, craft, lighter, barge or other means of transport that is substituted in whole or in part for that vessel. (H) "Container" includes any containers (including an open top container) flat rack, platform, trailer, transportable tank, pallet or any other device used for transportation of goods. (I) “Package” means (1) the Container when the Goods are shipped in a Container; (2) the skid or pallet when Goods are shipped on a skid or pallet and stuffed in a Container, and the Container is adjudged not to be the package for the purposes of the Carrier's limitation of liability; (3) the skid or pallet when Goods are shipped on a skid or pallet but not in a Container; (4) that shipping unit which contains the greatest quantity of the Goods and to which some packaging preparation for transportation has been made which facilitates handling even though it does not conceal or completely enclose the Goods. This clause does not apply to Goods shipped in bulk, and it supersedes any inconsistent provision which may be printed, stamped or written elsewhere in this Bill of Lading. (J) “Customary Freight Unit” or “Unit” as used herein includes each unpackaged vehicle, or other piece of unpackaged cargo on which freight is calculated. (K) "Subcontractor" includes, without limitation, stevedores, longshoremen, lighterers, terminal operators, warehousemen, truckers, agents, servants, and any person, firm, corporation or other legal entity which performs services incidental to the carriage of the Goods. (L) “Stuffed” means filled, consolidated, packed, loaded, or secured. (M) "United States" or "U.S." means the United States of America. (N) “GBP” means British Pound Sterling (O) “USD means United States Dollar 2. Clause Paramount. All carriage under this bill of lading to or from the United States shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States 1936, 46 U.S.C. P1300-1315 as amended (hereinafter "U.S. COGSA"), the terms of which shall be incorporated herein. All carriage to or from other states shall be governed by the law of any state making the Hague Rules or Hague-Visby rules compulsorily applicable to this Bill of Lading or if there is no such law, in accordance with the Hague Rules. The provisions of applicable law as set forth above shall apply to carriage of goods by inland waterways and reference to carriage by sea in such rules shall be deemed to include reference to inland waterways. Except as may be otherwise specifically provided herein, said law shall govern before the goods are loaded on and after they are discharged from the vessel whether the goods are carried on deck or under deck and throughout the entire time the goods are in the custody of the Carrier. 3. Jurisdiction This contract is to be governed by laws of the State of New York with the exception of its conflict of law principles. In all disputes to which this Bill of Lading pertains may only be instituted in the United States District Court for the Southern District of New York. Merchant and Carrier each agree that they are subject to the personal jurisdiction of that Court. 4. Limitation of Liability Statutes Nothing in this Bill of Lading shall operate to limit or deprive the Carrier of any statutory protection, exemption from, or limitation of liability authorized by the applicable laws, statutes, or regulations of any country. 5. Sub-Contracting: Exemptions and Immunities of Subcontractors. The Carrier shall be entitled to subcontract on any terms the whole or part of the handling, storage, or carriage of the Goods and any and all duties whatsoever undertaken by the Carrier in relation to the Goods. Every servant and agent or subcontractor (including sub-subcontractor) (as defined in Article 1 (K)) shall be entitled to the same rights, exemptions from liability, defenses and immunities to which Carrier is entitled. For these purposes, Carrier shall be deemed to be acting as agent or trustee for such servants or agents or subcontractors who shall be deemed to be parties to the contract evidenced in this Bill of Lading. 6. Merchant’s Responsibility. (A) Description of the Goods. (1) Unless the Goods have been stuffed into the Container(s) by or on behalf of the Carrier, this Bill of Lading shall be prima facie evidence of the receipt by the Carrier from the Shipper in apparent good order and condition, except as otherwise noted on the face hereof, of the total number of Containers indicated in the box on the face hereof entitled "no. of pkgs." (2) Any references to letters of credit, import licenses, sales contracts, invoices or order number and/or details of any contract to which the Carrier is not a party when shown on the face of this Bill of Lading are included solely at the request of the Merchant for his convenience and the Merchant agrees that the inclusion of such particulars shall not be regarded as a declaration of value nor shall they increase the Carrier's liability under this Bill of Lading. The merchant further agrees to indemnify the Carrier against all consequences including such particulars in this Bill of Lading. (3) The Merchant warrants that the particulars relating to the Goods as set out overleaf have been checked by the Shipper on receipt of this Bill of Lading and those particulars, and any other particulars furnished by or on behalf of the Shipper, are adequate and correct. The Merchant also warrants that the Goods are lawful Goods and contain no contraband. (B) The Merchant warrants that in agreeing to the terms and conditions hereof he is, or has the authority of, the Person owning or entitled to the possession of the Goods and this Bill of Lading. When containers, vans, skids, trailers, portable tanks, 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 phrase "said to contain", "shipper's weight load and count", or terms of like meaning, and the Carrier in such case 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 Merchant, with respect to cargo units not packed or laded by Carrier, represents and warrants: (a) that the Goods are properly described, marked, secured, and packed in their respective cargo units; (b) that any cargo units other than Carrierfurnished units are seaworthy and physically suitable, sound, and structurally adequate properly to contain and support the Goods during handling and the transportation contemplated by the Bill of Lading, 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 persons; (c) that all particulars with regard to the cargo units and their contents, and the weight of each said cargo unit, 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 to the Vessel or any other vessel, or any other loss or expense, including, but not limited to, lost profits and attorneys' fees, caused by breach or any of the foregoing representations or warranties. (C) The Merchant shall comply with all regulations orrequirements of Customs, port and other authorities, andshall bear and pay all duties, taxes, fines, impostsexpenses, or losses incurred or suffered by the Carrier byreason thereof or by reason of any illegal, incorrect, orinsufficient marking, numbering, or addressing of the Goodsor any other illegal act and shall indemnify the Carrier inrespect thereof by reason of any failure to so comply. (D) Merchant acknowledges that regulations issued by theUnited States require Carrier to transmit certaininformation to U.S. Customs twenty-four hours prior tolading of Goods consigned to or from the United States,including, without limitation, precise commoditydescriptions numbers and quantities of the lowest externalpackaging unit, the shippers complete name and address, the consignee’s or the owner’s or the owner’s representative’scomplete name and address, hazardous material codes, and container seal numbers. The Merchant warrants to theCarrier that the descriptions and particulars furnished byhim are correct, and the Merchant shall indemnify theCarrier against all loss, damage, expenses, liability,penalties and fines arising or resulting from delay inproviding or inaccuracy of any description or particular. (E) Whenever a Shipper or Consignee, or an agent orcontractor acting on behalf of either of them, shall takepossession of Carrier's container equipment, the Shipper orConsignee in possession, or for the benefit of whom an agentor contractor has taken possession, shall defend, indemnifyand hold harmless the Carrier from and against any loss ordamage to Carrier's equipment and third party property andinjury to or death of persons arising out of the use of said equipment. 7. Carrier’s Responsibility (A) Insofar as this Bill of Lading is used for Port-to-PortTransportation of the Goods, the Carrier shall not beresponsible for loss of or damage to the Goods caused fromand during loading onto vessel up to and during dischargefrom the vessel and the Carrier shall not be liable for anyloss or damage whatsoever in respect of the goods or for anyother matter arising during any other part of the Carriageeven though the charges for the whole Carriage have beencharged by the Carrier. The merchant appoints and/orauthorizes the Carrier as agent to enter into contracts onbehalf of the Merchant with others for transport, storagehandling, or any other services in respect of the goodsprior to loading and subsequent to discharge off the goodsfrom the vessel without responsibility for any act oromission whatsoever on the part of the Carrier or others andthe Carrier may as such agent enter into contracts withothers on any terms whatsoever including terms lessfavorable than the terms in this Bill of Lading. (B) Insofar as this Bill of Lading is used for combinedtransport of the Goods: (1) The responsibility of theCarrier and each Inland Carrier with respect to the Goodsshall be limited to the period when the Carrier has custodyof the Goods, and no Carrier, either Ocean or Inland, shallbe responsible for any loss or damage caused while the Goodsare not in its custody. Any claim for loss of, or damage tothe Goods, including loss or damages resulting from delay,should be made against the Carrier having custody of theGoods when the loss or damage or delay was caused. (2) The Carrier acts as agent for Merchant with regard to procuringinland and ocean transportation. If, for any reason, it isadjudged that the Carrier was not acting as the Merchant'sagent, then in addition to the defenses and limitation ofliability permitted to the Carrier by law and by this billof lading, the Carrier shall also have the benefit of alldefenses available to the participating Inland Carrier(s) bylaw and by the terms of its or their contracts of Carriageand tariffs, all of which shall be deemed incorporated inthis bill of lading, as applicable and with respect toinland transportation of the Goods, Carrier will be affordedall of the defenses according to the provisions of anyInternational Convention or national law which iscompulsorily applicable in the country, where the inlandtransportation took place or, if no such law or conventionis applicable, then according to the participating Inland Carrier's contracts of carriage and/or tariffs, if any. (C) The Carrier shall be liable for loss of or damage to theGoods occurring from the time that the Goods are taken intohis charge until the time of delivery as follows: (1) If theplace where the loss or damage occurred cannot be proven:(a) The Carrier shall be entitled to rely upon all Defensesunder COGSA, the Hague Rules or the Hague-Visby Rules underArticle 2 above had the loss or damage occurred at sea orwhere the loss or damage occurred cannot be proved, saidloss or damage shall be presumed to have occurred at sea.(b) Where under (1) above, the Carrier is not liable inrespect of some of the factors causing the loss or damage,the Carrier shall only be liable to the extent that thosefactors for which he is liable have contributed to the lossor damage. (c) Subject to Article 23, where the Hague Rules(such as COGSA) or the Hague-Visby Rules or any legislationapplying either Rules is not compulsorily applicable, theCarrier's liability shall not exceed USD 500 per package orshipping unit or USD 2.00 per kilo of the gross weight ofthe Goods lost or damaged in respect of which the claimarises, or the value of such Goods, whichever is the less.(d) The value of the goods shall be determined according tothe invoice value, plus freight and insurance, if paid. (2)If the place where the loss or damage occurred can beproved: (a) the liability of the Carrier shall be determinedby the provisions contained in any international conventionor national law of the country which provisions: (i) cannotbe departed from by private contract to the detriment of theMerchant; and (ii) would have applied if the Merchant hadmade a separate and direct contract with the Carrier inrespect of the particular stage of Carriage where the lossor damage occurred and had received as evidence thereof anyparticular document which must be issued in order to makesuch international convention or national law applicable;(b) with respect to the transportation in the United Statesof America to the Port of Loading or from the Port ofDischarge the responsibility of the Carrier shall be toprocure transportation by Carriers (one or more) and suchtransportation shall be subject to the inland Carrierscontract of carriage and tariffs and any law compulsorilyapplicable. The Carrier guarantees the fulfillment of suchinland Carrier's obligations under their contracts andtariffs; (c) where neither (1) nor (2) above apply anyliability of the Carrier shall be determined by 7(B) above. (D) Notwithstanding subparts (A), (B) or (C) above, theCarrier does not undertake that the Goods will betransported from or loaded at the place of receiving orloading or will arrive at the place of discharge,destination or transshipment aboard any particular vessel orother conveyance or at any particular date or time or tomeet any particular market or in time for any particularuse. Scheduled or advertised departure and arrival times areonly expected times and may be advanced or delayed if theCarrier or any Connecting Carrier shall find it necessary,prudent or convenient. In no event shall the Carrier beliable for consequential or other damages for delay in thescheduled departures or arrivals of the vessel or otherconveyance transporting the Goods or for any other matter. 8. Carrier’s Liberties (A) In any situation whatsoever whether or not existing oranticipated before commencement of or during the transport,which in the judgment of the Carrier (including for thepurpose of this Article the Master and any person chargedwith the transport or safekeeping of the Goods) has given oris likely to give rise to danger, injury, loss, delay, ordisadvantage of whatsoever nature to the Vessel, the Carrier, a vehicle, any person, the Goods or any property,or has rendered or is likely to render it in any way unsafe,impracticable, unlawful, or against the interest of theCarrier or the Merchant to commence or continue thetransport or to discharge the Goods at the port of dischargeor to deliver the Goods at the place of delivery by theroute and in the manner originally intended by the Carrier, the Carrier (1) at any time shall be entitled to unpack thecontainer(s) or otherwise dispose of the Goods in such wayas the Carrier may deem advisable at the risk and expense ofthe Merchant and/or (2) before the Goods are loaded on theVessel, a vehicle, or other means of transport at the placeof receipt or port of loading, shall be entitled to cancelthe contract of carriage without compensation and to requirethe Merchant to take delivery of the Goods and, upon hisfailure to do so, to warehouse or place them at any placeselected by the Carrier at the risk and expense of theMerchant and/or (3) if the Goods are at a place awaitingtransshipment, shall be entitled to terminate the transportthere and to store them at any place selected by the Carrierat the risk and expense of the Merchant, and/or (4) if theGoods are loaded on the Vessel, a vehicle, or other means oftransport whether or not approaching, entering, orattempting to enter the port of discharge or to reach theplace of delivery or attempting or commencing to discharge,shall be entitled to discharge the Goods or any part of themat any port or place selected by the Carrier or to carrythem back to the port of loading or place of receipt andthere discharge them . Any actions under (3) or (4) aboveshall constitute complete and final delivery and fullperformance of this contract, and the Carrier thereaftershall be free from any responsibility for carriage of the Goods. (B) If, after storage, discharge, or any actions accordingto subpart (A) above the Carrier makes arrangements to storeand/or forward the Goods, it is agreed that he shall do soonly as agent for and at the sole risk and expense of theMerchant without any liability whatsoever in respect of suchagency. The Merchant shall reimburse the Carrier forthwithupon demand for all extra freight charges and expensesincurred for any actions taken according to subpart (A),including delay or expense to the Vessel, and the Carriershall have a lien upon the Goods to that extent. (C) The situations referred to in subpart (A) above shallinclude, but shall not be limited to, those caused by theexistence or apprehension of war declared or undeclared,hostilities, riots, civil commotions, or other disturbancesclosure of, obstacle in, or danger to any port or canal,blockade, prohibition, or restriction on commerce or tradingquarantine, sanitary, or other similar regulations orrestrictions,, strikes, lockouts or other labor troubleswhether partial or general and whether or not involvingemployees of the Carrier or its Subcontractors, congestionof port, wharf, sea terminal, or similar place, shortage,absence or obstacles of labor or facilities for loading,discharge, delivery, or other handling of the Goods,epidemics or diseases, bad weather, shallow water, ice,landslip, or other obstacles in navigation or carriage. (D) The Carrier, in addition to all other liberties providedfor in this Article, shall have liberty to comply withorders, directions, regulations or suggestions as tonavigation or the carriage or handling of the Goods or theVessel howsoever given, by any actual or purportedgovernment or public authority, or by any committee orperson having under the terms of any insurance on theVessel, the right to give such order, direction, regulation,or suggestion. If by reason of and/or in compliance with anysuch order, direction, regulation, or suggestions, anything is done or is not done the same shall be deemed to beincluded within the contractual carriage and shall not be a deviation. 9. Container Packed by Merchant If the cargo received by the Ocean or Inland Carrier is in acontainer packed by or on behalf of the Merchant: (A) This Bill of Lading is prima facie evidence of thereceipt only of the number on the face of this Bill ofLading. The condition and particulars of the contents areunknown to the Ocean and Inland Carriers, and the Carrieraccepts no responsibility for the accuracy of thedescription of condition or particulars. (B) The Merchant warrants (1) that the stowage of thecontents of the containers and the closing and sealing ofthe containers are safe and proper, and (2) that thecontainers and their contents are suitable for handling andcarriage in accordance with the terms of this Bill ofLading, including Article 13. In the event of theMerchant's breach of any of these warranties, the Merchantand not the Carrier shall be responsible for, and theMerchant shall indemnify and hold Carrier harmless from, anyresulting loss or damage to persons or property (including the Goods) (C) The Merchant shall inspect the container when it isfurnished by or on behalf of the Carrier, and the containershall be deemed to have been accepted by the Merchant asbeing in sound and suitable condition for the purpose of thetransport contracted for in this Bill of Lading, unless theMerchant gives notice to the contrary, in writing, to the Carrier before the transport. (D) If the container is delivered after transport by the Ocean or Inland Carrier with seals intact, such deliveryshall be deemed to be full and complete performance of theCarrier's obligation under this Bill of Lading, and theCarrier shall not be liable for any loss of or damage to the contents of the container. (E) The Ocean and Inland Carrier shall have the right toopen the container and to inspect its contents withoutnotice to the Merchant, at such time and place as the Oceanor Inland Carrier may deem necessary, and all expensesincurred therefrom shall be borne by the Merchant. (F) If any seal of the container is broken by customs orother authorities for inspection of its contents, theCarrier shall not be liable for any resulting loss, damage or expenses. 10. Carrier's Container (A) When the Goods are not already packed into a containerat the time of receipt by the Carrier, the Carrier shall beat liberty to pack and carry the Goods in any type of container. (B) The Merchant assumes full responsibility for and shallindemnify the Carrier against any loss of or damage to theCarrier's containers, containers not owned by the Merchant,and other equipment if the loss or damage is caused oroccurs while in the possession or control of the Merchant,his agents, or common Carriers engaged by or on behalf of the Merchant. (C) The Merchant at destination shall have to return allcontainers not owned by the Merchant to the Carrier dulycleaned and in good condition as deemed delivered to theshipper within the time allowed by the Carrier, failingwhich the Merchant shall be liable to the Carrier for allcosts, fees, cleaning charges, late fees, attorney’s fees orany other charge for which the Carrier is held liableincluding demurrage. Merchant agrees to pay the replacementvalue of any Container not returned within 30 days of its being available for delivery. (D) The Carrier shall in no event be liable for, and theMerchant shall indemnify and hold the Carrier harmless from,any death of or injuries to persons, or loss of or damage toproperty, caused by the Carrier's container or its contentswhile in the possession or control of the Merchant, hisagents, or common Carriers engaged by or on behalf of theMerchant. 11. Special Stowage; Refrigeration. (A) The Merchant undertakes not to tender for transportationany Goods which require temperature control withoutpreviously giving written notice (and filling in the box onthe front of this Bill of Lading if this Bill of Lading hasbeen prepared by the Merchant or a person acting on hisbehalf) of their nature and particular temperature range tobe maintained and in the case of a temperature controlled Container stuffed by or on behalf of the Merchant furtherundertakes that the Container has been properly precooled,that the Goods have been properly stuffed in the Containerand that its thermostatic controls have been properly set bythe Merchant before receipt of the Goods by the Carrier. If the above requirements are not complied with the Carriershall not be liable for any loss of or damage to the Goodscaused by such noncompliance. (B) The Carrier shall not be liable for any loss of ordamage to the Goods arising from defects, derangement,breakdown stoppage of the temperature controlling machinery,plant, insulation or any apparatus of the Container,provided that the Carrier shall before or at the beginningof the Carriage exercise due diligence to maintain therefrigerated Container in an efficient state and makes nowarranty or agreement with respect to the actual temperatureor condition of any commodity, fruit, vegetable, meat, fish,or any perishable Goods within the container. 12. Dangerous Goods, Contraband (A) The Carrier undertakes to carry Goods of an explosive,inflammable, radioactive, corrosive, damaging, poisonous, ordangerous nature only upon the Carrier's approval of awritten application by the Merchant prior to the carriage ofsuch Goods. Such application must accurately state the name,nature and classification of the Goods, as well as how theyare dangerous and the method o rendering them innocuous,together with the full names and addresses of the shipper and the consignee. (B) The Merchant shall undertake that the nature and dangerof such Goods is distinctly hand permanently marked on theoutside of the package or container containing the Goods. (C) Merchant shall submit all documents or certificatesrequired in connection with such Goods by any applicablestatue or regulation or by the Carrier (D) Whenever the Goods are discovered to have been receivedby the Ocean or Inland Carrier without complying withsubparts (A), (B) or (C) above, or the Goods are found to becontraband or prohibited by any law or regulation of anyplace during the transport, the Carrier shall be entitled tohave such Goods rendered innocuous, thrown overboard,discharged, or otherwise disposed of at the Carrier'sdiscretion without compensation, and the Merchant shall beliable for and indemnify the Carrier against any loss,damage or liability, including loss of freight, and anyother expenses directly or indirectly arising out of custody or carriage of such Goods. (E) The Carrier may exercise the right conferred upon itunder the preceding subpart whenever it is apprehended thatGoods received in compliance with subparts (A), (B) and (C)above have become dangerous, even if not dangerous whenreceived by the Ocean or Inland Carrier. (F) The Carrier has the right to inspect the contents of anypackage or container at any time and place without the priornotice to Merchant and at the risk and expense of theMerchant. 13. Stowage Under and on Deck (A) Goods in containers, vans, trailers, or chassis may becarried under deck or on deck, and when such Goods arecarried on deck the Carrier shall not be required tospecially note mark, or stamp any statement of "on deckstowage" on the face of this Bill of Lading, any custom tothe contrary notwithstanding. Such on deck carriage shallnot be considered a deviation. (B) Goods stowed in poop, forecastle, deck house, shelterdeck, passenger space, or any other covered-in-space, orstowed in a container wherever placed, shall be deemed to bestowed under deck for all purposes including general average. (C) Any Goods customarily or reasonably carried on deck may,at Carrier's option, be carried on deck without furthernotice to Merchant and without liability to the Carrier forthe risks inherent in or incident to such carriage. Such ondeck carriage shall not be considered a deviation. (D) In respect of Goods not in containers and carried ondeck, and stated on this Bill of Lading to be so carried,all risks of loss or damage from perils inherent in orincident to the custody or carriage of such Goods shall beborne by the Merchant and in all other respects the Carriershall have the benefit of the provisions of the applicable,version of the Hague Rules (including U.S. COGSA,notwithstanding Section 1301 (c) thereof) and the terms of this Bill of Lading. 14. Valuable Goods The Carrier shall not be liable to any extent for any lossof or damage to or in connection with precious metals,stones, or chemicals, jewelry, currency, negotiableinstruments, securities, writings, documents, works of art,curios, heirlooms, or any other valuable goods, includinggoods having particular value only for the Merchant, unlessthe true nature and value of the Goods have been declared inwriting by the Merchant before receipt of the Goods by the Ocean or Inland Carrier, the same is inserted on the face ofthis Bill of Lading and additional freight has been paid as required. 15. Heavy Lift (A) The weight of a single piece or package exceeding 2,240lbs. gross must be declared by the Merchant in writingbefore receipt by the Ocean or Inland Carrier and must bemarked clearly and durably on the outside of the piece orpackage in letters and figures not less than two inches high. (B) If the Merchant fails in his obligations under thepreceding subpart (1) the Carrier shall not be responsiblefor any loss of or damage to in connection with the Goods.(2) the Merchant shall be liable for resulting loss of ordamage to any person or property, and (3) Merchant shallindemnify the Carrier against any resulting loss, damage, orliability suffered by the Carrier. 17. Delivery (A) Any mention in this Bill of Lading of parties to benotified of the arrival of the Goods is solely forinformation of the Carrier, and failure to give suchnotification shall not involve the Carrier in any liabilitynor relieve the Merchant of any obligation hereunder. (B) The Carrier shall have the right to deliver the Goods atany time at the Vessels side, customhouse, warehouse, wharf,or any other place designated by the Carrier, within thegeographic limits of the port of discharge or place ofdelivery shown of the face of this Bill of Lading. (C) The Carrier's responsibility shall cease when the Goodshave been delivered to the Merchant, Inland Carrier,connecting Carrier or any other person entitled to receivethe Goods on Merchant's behalf at the place designated bythe Carrier. Delivery of the Goods to the custody ofcustoms or any other public authority shall constitute finaldischarge of the Carrier's responsibility. (D) In case the cargo received by the Carrier is containerspacked by or on behalf of the Merchant (1) The Carrier shallonly be responsible for delivery of the total number ofcontainers received (2) The Carrier shall not be required tounpack the containers and deliver their contents inaccordance with brands, marks, numbers sizes, to types ofitems or pieces (3) At the Carrier is discretion and uponthe Merchant's request in writing to the Carrier at least 3days prior to the scheduled date of arrival the of Vessel atthe port of discharge containers may be unpacked and theircontents delivered by the Carrier in accordance with thewritten request. In such a case if the seal of thecontainers is intact at the time of unpacking all the Carrier's obligations under this Bill of Lading shall bedeemed to have been discharged the Carrier shall not beresponsible for any loss or damage resulting from suchdelivery and the Merchants shall be liable for anappropriate adjustment of the freight and any additional charges incurred.