1.CLAUSE PARAMOUNT.

     This Bill of Lading, so far as it relates to he carriage of goods by water, shall have effect subject to the provisions of the International Carriage of Goods by Sea Act, 1957 of Japan, which incorporates 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 (herernafter called "the Hague Rules"), unless it is adjudged that any other Hague Rules legislation such as the Carriage of Goods by Sea Act of the U.S.A., 1936, the Water Carriage of Goods Act, 1936 of Canada or the Sea Carriage of Goods Act, 1940 of New Zealand compulsorily applies to this Bill of Lading, in which case it shall have effect subject to the provisions of such Hague Rules legislation.
      If any provision of this Bill of Lading is held to be repugnant to any extent to the Hague Rules legislation or any other laws, statutes or regulations compulsorily applicable to the contract evidenced by this Bill of Lading, such provision shall be null and void to such extent but no further.

2.IDENTITY OF CARRIER.

     The contract evidenced by this Bill of Lading is between the Merchant and the owner or demise charterer, as the case may be, of the Vessel named herein (or substitute) and it is therefore agreed that said shipowner and/or demise charterer only shall be responsible for any damage, loss or delay due to any breach or non-performance of any obligation arising out of the contract of carriage, whether or not relating to the Vessel's seaworthiness. If, Despite the foregoing, it is adjudged that any other is carrier and/or bailee of the goods shipped hereunder, all rights, exemptions, immunities or limitations of and exonerations from responsibility provided for by law or by this Bill of Lading shall be available to such other. It is further understood and agreed that as the Line, Company or Agent who has executed this Bill of Lading for and on behalf of the Master is not a principal in the transaction, said Line, Company or Agent shall not be under any responsibility arising out of the contract of carriage, nor as carrier nor bailee of the goods.

3.GOVERNING LAW, JURISDICTION AND LIMITAION SATATUTES.

      The contract evidenced by or contained in this Bill of Lading shall be governed by Japanese laws except as may be otherwise provided for herein, and any action against the Carrier thereunder shall be brought before the Tokyo District Court in Japan.
      Nothing in this Bill of Lading shall operate to limit or deprive the Carrier of any statutory protection or exemption or limitation of liability authorized by any applicable laws, statutes or regulations of any country.

4.IMMUNITIES OF SERVANTS, STEVEDORES, ETC.

      It is understood and agreed that, other than the Carrier, no person, firm or corporation or other legal entity whatsoever (including the Master, officers and crew of the Vessel, all agents and all stevedores and other independent contractores whatsoever) is, or shall be deemed to be responsible with respect to the goods as carrier, bailee or otherwise howsoever. If, however, it shall be adjudged that any other than the Carrier is carrier or bailee of the goods or under any responsibility with respect thereto, all exemptions and limitations of and exonerations from liability provided for by law or by the terms hereof shall be available to such other. In contracting for the foregoing exemptions and limitation of and exonerations from liability, the Carrier is acting as agent and trustee for the other above mentioned.

5.PERIOD OF RESPOSIBILITY.

     The Carrier's responsibility shall commence only when the goods are taken onboard by any means whatsoever, and cease absolutely when the goods are taken off the Vessel in like manner. Any goods in the custody of the Carrier before loading and after discharge, whether being forwarded to or from the Vessel or whether awaiting shipment, landed or stored or put into hulks, crafts or lighters belonging to the Carrier or not, or pending transhipment at any stage of the whole transport, are in such custody at the sole risk of the Merchant and the Carrier shall not be responsible for any loss or damage or delay to the goods arising or resulting from any cause whatsoever.
      In case this Bill of Lading covers the goods moving to or from the U.S.A., the Carrier's responsibility with respect to loss or damage during the period from the receipt by the Carrier to the time of loading and from the discharge to the delivery, the Carrier shall have the benefit of the provisions of the Carriage of Goods by Sea Act of the U.S.A., notwithstanding Section 1(e) thereof.
      When the goods have been packed into container(s) or unitized into similar article(s) of transport and lost or damaged during through transportation in which the goods were received and/or delivered at an interior place and it cannot be established in whose custody the goods were lost or damaged, it shall be deemed to have occurred during the sea transportation and the appropriate Hague Rules legislation shall apply.
      The column "Final Destination" on the face hereof is solely for the purpose of Merchant's reference and Carrier's responsibility in respect to the good shall in all cases cease at the time of discharge from the Vessel.

6.SCOPE OF VOYAGE.

      The scope of voyage herein contracted for shall include usual or customary or advertised ports of call whether named in this contract or not, and any other ports in r out of advertised, geographical, usual or ordinary route or order, even though in proceeding thereto the Vessel may sail beyond the port of discharge or in a direction contrary thereto, or depart from the direct or customary route. The Vessel may call at any port for the purpose of the current voyage or prior or subsequent voyage. The Vessel may omit calling at any port or ports whether scheduled or not, and may call at the same port more than once; may, either with or without the goods on board, and before or after proceeding toward the port of discharge, adjust compasses and other navigational instruments, dry dock, go on ways or repair yards, shift berths, take fuel or stores, embark or disembark any person, carry contraband, explosives, munitions, warlike stores, hazardous goods, remain in port, sail with or without pilots, tow and be towed, and save or attempt to save life or property, and all of the foregoings are included in the contract voyage.

7. SUBSTITUTION OF VESSEL AND TRANSHIPMENT.

     Whether arranged beforehand or not, the Carrier shall be at liberty without notice to perform the contract of carriage by forwarding the whole or any part of the goods at any time or place by the named or any other vessel or vessels, craft or other means of transportation by water, land or air, whether owned or operated by the Carrier or others and whether departing, arriving or scheduled to depart or arrive before or after the named vessel. In case the goods cannot be found at the port of discharge, or if they be miscarried, they, when found, may be forwarded to their intended port of discharge at Carrier's expense but the Carrier shall not be responsible for any loss, delay, depreciation or damage arising from such miscarriage and forwarding.
      The Carrier shall have the liberty to tranship and/or reship goods to other vessels, craft or other means of transportation to perform the contract of carriage at Merchant's risk and in all cases the Carrier acts as agent for the Merchant only, and is authorized to accept the term of any substituted carriage, even though less favorable to the Merchant than those contained in this Bill of Lading.
      The responsibility of the Carrier shall be limited to the part of the transport performed in his own vessel or vessels and the Carrier shall in no event be responsible for loss, damage or delay arising during any other part of the transport, even though the freight for the whole transport has been collected by the Carrier.
      It is understood and agreed that in case of through transportation in which the Bill of Lading is issued for the whole transport and a part of which is performed by other carrier or carriers, the Carrier shall only be held responsible under the terms and provisions of this Bill of Lading during the part of its own carriage.

8.LOADING, DISCHARGE AND DELIVERY.

     Loading shall take place as fast as the Vessel is able to load, by day and -- if required by the Carrier -- also by night, Sundays and holidays. If goods contracted for shipment are not available, when the Vessel is ready to load, the Carrier is relieved of any obligation to load such goods, and the Vessel may leave the port without further notice and deadfreight is to be paid.
      The Carrier is entitled to land and receive the goods or to appoint a person or a corporation for the landing and reception of the goods. Whether apointed by the Carrier or not, anybody so acting is the Merchant's representative and the Merchant shall pay current charges whether delivery is taken overside or on quay. The Merchant must be ready to take delivery of the goods as soon as the Vessel is ready to deliver as fast as she is able to discharge, by day and -- if required by the Carrier -- also by night, Sundays and holidays.
      If the goods are not taken by the Merchant at the time when the Vessel is entitled to call upon him to take delivery, or if they are not removed alongside the Vessel without delay, the Carrier shall be at liberty at the sole risk and expense of the Merchant to enter the goods., to move them, to land them on to wharf, quay or into warehouse or to discharge them into craft, hulk, lighters, pack or unpack the container(s) and/or sell them with or without legal authority, and the contract of carriage shall be considered as fulfilled.
      If the goods have been loaded into containers by the Merchant, its agents, servants or consolidators or inland carriers, the Carrier shall not be required to separate or deliver the goods according to brands, marks, number, sizes or types of packages contained in such container(s), but only to deliver total number of containers shown on the face hereof, unless the Merchant required the Carrier the separate delivery and the Carrier so agreed thereto.

9. OPTION AND NOTIFICATION.

      The port of discharge for optional goods must be declared to the Carrier or Vessel's agents at the first arrival of the optional ports not later than 48 hours before the Vessel's arrival there, or failing such declaration the Carrier may elect to discharge at the first or any optional port and the contract of carriage shall then be considered fulfilled.
      Any clause herein giving names of parties who desire to be notified of Vessel's arrival at destination is solely for the information of the Carrier and/or Vessel's agents and failure to notify the same shall not involve the Carrier in any responsibility or relieve the Merchant from any obligation hereunder.

10. GOVERNMENET ORDERS AND CONTINGENCIES.

     The Carrier shall have liberty to comply with any orders, directions or recommendations as to loading, departure, arrival, routes, ports of call, stoppages, discharge, destination, delivery or otherwise howsoever given by any person acting or purporting to act with the authority of any government, international organization or any department thereof, or by any committee or person having, or purporting to have, under the terms of the insurance on the Vessel, the right to give such orders, directions or recommendation.
      If by reason of or in compliance with, any such orders, directions or recommendations the Vessel does not proceed to the port or ports originally designated, the Vessel may proceed to any other port which the Carrier or the Master of the Vessel at its discretion may select and there discharge the goods.
      If in the opinion of the Carrier or the Master the performance of the transport is or threatens to be unsafe, unlawful or inadvisable by the imminence or existence of war, warlike operations or hostilities, the container(s) may be devanned and/or the goods may be discharged at the port of loading or at any other port or place at the Carrier's or Master's discretion.
      If on account of actual or threatening epidemics, quarantine, ice, strikes, lock-outs, labour troubles, interdict, congestion, difficulties in loading or discharge, the Carrier or the Master at any time is in doubt as to whether the Vessel can safely and without delay or detention, reach, enter or leave the port of loading or reach or enter the port of discharge or there discharge in the usual manner, or proceed thence on the voyage safely or without delay or detention, the container(s) may be devanned and/or the goods may be discharged at the port of loading or at any other port or place at the Carrier's or Master's discretion.
      In the cases referred to in all the preceeding paragraphs under this Article, the Carrier may at any time postpone the carriage of any part of the goods contracted for herein till some later date or cancel in whole or in part the contract whether before or after this Bill of Lading is issued.
      The discharge of the goods and/or their delivery or other disposition pursuant to any provision of this Article shall constitute complete delivery and performance under this contract and the Carrier shall be freed from any further responsibility. In the event of any diversion, delay or detention of the Vessel under such circumstances as provided in this Article and/or any services rendered to the goods hereunder, the Carrier shall be entitled to a reasonable extra compensation and shall have a lien on the goods for such charges.

11. CANALS

     The Carrier shall not be responsible for loss, damage or delay caused by any obstruction of the Suez, Panama or any other canal or navigable waters, or the non-operation or closing of the same and in the event of such obstruction or closing, the Carrier shall have the option to stop or delay the vessel, awaiting the removal of such obstruction, or to reship, tranship or forward all or any part of the goods by rail or any other conveyance, all storage charges in connection therewith and extra freight being for the account of the Merchant, or to sail the Vessel via any other route whatsoever with additional freight calculated on the expenditures or obligations actually made or incurred by the Carrier, or tat Carrier's option, on tariffs applicable to the voyage actually performed.

12. STOWAGE

     The goods may be stowed within forecastle, poop, deckstore, deckhouse, shelterdeck, passenger space, container(s) or any other enclosure. Unless stated as being carried on deck, stowage within such enclosures, insofar as they are commonly used in the trade for the carriage of goods, shall constitute under deck stowage for all purposes including General Average.
      The Carrier may restow the goods and temporarily discharge or land the goods for restowage, whenever the Carrier may consider it desirable.
      Live animals and live plants, when accepted, are received, loaded, tended, stowed, carried, discharged and delivered entirely and absolutely at the sole risk of the Merchant and without any warranty or undertaking whatsoever by the Carrier that the Vessel is seaworthy, fitted, manned, equipped and supplied for their reception, carriage and preservation.

13. HEAVY LIFT.

     Single piece or package weighing over 4,480 lbs. Gross must be declared in writing before shipment and weight be stencilled on the surface thereof and if the actual weight be not declared or be in excess of that declared, the Merchant, in addition to paying double freight, shall make good and bear any loss or delay caused thereby to the Vessel, other goods or property or person and shall also pay all additional charges of handling.

14.DECK CARGO.

     With respect to goods carried on deck, and state herein to be so carried, all risks of loss or damage by perils inherent in or incidental to such carriage shall be born by the Merchant and the Carrier shall have the benefit of all the provisions of this Bill of Lading except those inconsistent with the provisions of this clause, and the Carrier shall have as provisions of this clause the benefit of all and the same rights, immunities, exemptions and limitations as provided for in Article 4 of the Hague Rules as if the same were set forth herein in full. In no event shall the Carrier be liable for any loss of or damage to goods so carried on deck arising or resulting from any cause whatsoever, including unseaworthiness, unless affirmatively proved by the Merchant to be due to the fault or neglect of the Carrier, but the Carrier shall not in any event be liable for any act, neglect or default in the navigation or the management of the Vessel. The Carrier shall at all times be at liberty to jettison any portion or all of such goods at its discretion.

15. PERISHABLE GOODS.

     Special stowage is not to be furnished unless contracted for an increased freight rate. The Merchant shall inform the Carrier prior to loading of any perishable goods and shall arrange special stowage, in default of which the Merchant shall assume all risk of damage and the Carrier shall have the right of reimbursement against the Merchant for any loss arising from such goods.
      In case the Carrier agreed to carry the perishable goods under special care, the Carrier shall exercise reasonable care in maintenance of facilities while they are in its actual custody and under its control, but shall not be responsible for any kind of loss of or damage to the goods caused by latent defects, derangement, breakage and/or malfunction of refrigerating facilities.

16. DANGEROUS GOODS AND CONTRABAND.

      Goods known to be of a dangerous or hazardous nature must not be tendered for shipment unless written notice of their nature and the mane and address of the Merchant have been previously given to the Carrier and the nature is distinctly marked on the outside of the package. A special stowage order giving consent to shipment must also be obtained from the Carrier.
      Any goods that are in fact or may be considered by any civil or military authorities or the Carrier inflammalbe, explosive, noxious, hazardous, or dangerous, shipped without such full disclosure, or if shipped with the knowledge and consent of the Carrier as to their nature and character, shall become a danger to the Vessel or those aboard, the goods or other property, or any part thereof, may at any time or place be landed, thrown overboard, destroyed or rendered innocuous without compensation to the Merchant, and extra charges and expenses if any, for returning, discharging, lightering, handling, caring for, disposing of or otherwise occasioned by such goods shall be borne by the Merchant.
      If at any time the goods, whether ashore or afloat, are, in the judgment of the Carrier or of the health or other authorities, spoiling, decayed, injurious, offensive, unfit for further carriage or storage, or dangerous to health or other property, of if the goods are condemned or ordered to destroy by any such authorities, or if the goods are contraband or prohibited by any lows or regulations of the port of shipment, discharge, call or any place during transit, the goods may, forthwith and without notice, be thrown overboard, destroyed, discharged, returned, stored, put ashore at any place or aboard lighters or craft or otherwise disposed of by the Carrier, at the sole risk and expense of the Merchant, when the Carrier's responsibility shall ceases, and the Carrier shall not be liable for any loss or damage whatsoever.
      In any event, the Merchant shall be liable for and fully indemnify the Carrier and to hold it harmless in respect to any injury or death of any person and loss of or damage to the Vessel, cargo or other property which may arise from the dangerous or hazardous nature of the goods carried hereunder.

17. VALUABLE GOODS.

     The Carrier shall not be responsible for valuable goods, such as specie, bullion, precious stones, bonds or other negotiable documents, until such goods are delivered to and receipted for by the Master or the officer on duty personally.

18. GOODS IN BULK.

      The Carrier has no reasonable means of checking the weight of goods in bulk and any reference to such weight in this Bill of Lading shall be deemed to be for the convenience of the Merchant only but shall constitute in no way evidence against the Carrier.

19. IRON, STEEL, METAL GOODS.

     Any statement hereon that iron, steel or metal goods of any description have been shipped in apparent good order and condition does not involve any admission by the Carrier as to the absence of dent, bent, rust, oxidation, corrosion or fresh water damage or other deterioration, for all of which the Carrier accepts no responsibility.

20. LUMBER.

     Any statement hereon that logs, lumber, timber, plywood or products thereof have been shipped in apparent good order and condition does not involve any admission by the Carrier as to the absence of breaks, cracks, stains, chafes, warps shakes, splits, holes or broken pieces, and this clause shall be deemed to constitute express notice to all persons taking delivery of the goods on the terms of this Bill of Lading that such goods do or may contain pieces so affected.

21. AUTOMOBILE AND OTHER UNPACKED GOODS.

     The term apparent good order and condition when used in this Bill of Lading with reference to automobiles, rolling stocks, tractors, machinery and all other unpacked goods does not mean that the goods when received were free of visible bent, dent, scratch, hole cut and/or bruise.
      It is mutually understood and agreed that such goods mentioned in preceding paragraph shall be construed insufficiency of packing in the meaning of Article 4, paragraph 2 (10) of the International Carriage of Goods by Sea Act of Japan and Article 4, paragraph 2(n) of the Hague Rules, and the Carrier shall in no event be held responsible for loss and/or damage resulting therefrom.

22. GENERAL AVERAGE.

     General Average shall be adjusted, stated and settled in Tokyo or any other port or place at Carrier's option according to York Antwerp Rules, 1974, and as to matters not provided for by the Rules, according to laws and usages of the port or place of adjustment, and in the currency selected by the Carrier. The General Average Statement hall be prepared by the adjusters, if necessary, appointed by the Carrier.
      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 and the Merchant, jointly and severally shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the goods.
      If a salving ship is owned or operated by the Carrier, salvage shall be paid for as fully and in the same manner as if such salving ship or ships belonged to strangers.

23. BOTH TO BLAME COLLISION.

     If the Vessel comes into collision with another ship as a result of the negligence of the other ship, and any act, neglect or default of the Master, mariner, pilot or the servants of the owner of the Vessel in the navigation or in the management of the Vessel, the Merchant will indemnify the Carrier against all loss or liability which might be incurred directly or indirectly to the other or non-carrying ship or her owners insofar as such loss or liability represents loss of or damage to the goods or any claim whatsoever of the Merchant paid or payable by the other or non-carrying ship or her owners to the Merchant and set-off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying Vessel or the owner thereof.
      The foregoing provisions shall also apply where the owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact.

24. FREIGHT, CHARGES AND LIENS.

      (a) Full freight to the port of discharge and/or place of delivery named herein shall be considered as completely earned on shipment, whether the freight be stated or intended to be prepaid or to be collected at the port of discharge or destination or subsequently, and all charges due hereunder against the goods shall be paid to the Carrier as soon as incurred. The Carrier shall be entitled to such freight and charges whether actually paid or not, and to receive and retain them under all circumstances whatsoever, he Vessel and/or the goods lost or not lost, or the voyage changed, broken up, frustrated or abandoned. The payment of freight and charges shall be made by the Merchant in cash without deduction, counter-claim or off-set, in the currency named herein or in other currency at Carrier's option.
      (b) The Merchant shall be responsible for expenses for mending, baling, cooperage of and repairs to or replacement of packages resulting from insufficiency of packing or from excepted perils, and expenses incurred in fumigating, protecting, caring for, regaining the possession of or otherwise made for the benefit of the goods, and for all expenses and charges caused by extra handling of the goods for any of the aforementioned reasons.
      (c) Any dues, duties, taxes and charges that may be levied on any basis such as amount of freight, weight of the goods or tonnage of the Vessel shall be paid by the Merchant.
      (d) The Merchant shall be responsible for all fines and losses which the Carrier, Vessel or goods may incur through non-observance of Customs House regulations or through the exportation or importation of the goods being prohibited, refused, not granted license or delayed from any cause whatsoever.
      (e) The Carrier shall have a lien on the goods, which shall survive delivery, for all freight, charges and other amounts due under this contract and may enforce this lien, by all available means, including public or private sale and without notice, upon the goods or any part thereof and any other property belonging to the Merchant which may be in the Carrier's possession. The net proceeds of any such sale, after deducting all costs and expenses in executing the lien shall be applied towards the settlement of the freight charges and any other amount due under this contract and the Carrier shall not be under any further obligation in respect thereof, except to account for the balance, if any of such proceeds, the Merchant shall also remain responsible in the event the Carrier is unable to obtain such payment on exercising a lien on the goods.

25. SETTLEMENT OF CLAIM.

     Any claim for which the Carrier may be responsible shall be adjusted and settled on the bases of the Merchant's net invoice cost plus freight and insurance premium, if paid, and in no event shall the Carrier be responsible for any loss of profit or consequential loss.
      The Carrier shall not be responsible for any loss of or damage to or in connection with the goods in an amount exceeding \100,000.- (or its equivalent in other currency at Carrier's option) per package or per unit unless the nature and value of such goods have been declared by the Merchant before shipment and inserted in this Bill of Lading.
      Where the goods have been either packed into container(s) or unitized into similar article(s) of transport, by or on behalf of the Merchant, it is expressly agreed that each container (or similar article of transport) including the entire contents thereof shall constitute one package for the purpose of application of limitation of the Carrier's liability.

26. CONTAINER BILL OF LADING CLAUSES.

     The clauses under headings "CONAINER PACKED BY MERCHANT", "USE OF CONTAINER", "SPECIAL CONTAINER", "CARRIER'S CONTAINER" and "DECK CARGO" of the Carrier's Container Bill of Lading, which can be obtained at the Carrier's offices upon request of the Merchant, shall be deemed to be incoporated in and shall constitute a part of this Bill of Lading with the same force and effect as if fully set forth herein.