BILL OF LADING

TERMS AND CONDITIONS OF CARRIAGE

WEST COAST CARGO LINE S.A.

The following Terms and Conditions of Carriage apply to Bills of Lading issued by WEST COAST CARGO LINE S.A., hereinafter referred to as the “Carrier”.

These Terms and Conditions of Carriage govern the transportation of Goods performed by or on behalf of the Carrier and form an integral part of the Bill of Lading.

1. DEFINITIONS

For the purposes of these Terms and Conditions of Carriage, the expressions used herein shall have the meanings assigned to them in the Bill of Lading.

“Carrier” means WEST COAST CARGO LINE S.A.

“Merchant” includes the shipper, consignor, consignee, receiver, holder of the Bill of Lading, owner of the Goods or any person entitled to possession of the Goods, and anyone acting on behalf of any such person.

“Goods” means the cargo described in the Bill of Lading and includes any Container, packaging or equipment not supplied by or on behalf of the Carrier.

“Container” includes any container, trailer, transportable tank, flat, pallet or similar article of transport used to consolidate Goods.

“Vessel” means the vessel named in the Bill of Lading or any substitute vessel used in connection with the carriage.

2. CARRIER'S TARIFF

The terms and conditions of the Carrier's applicable tariff are incorporated into this Bill of Lading. Copies of the relevant provisions of the tariff are available from the Carrier upon request.

3. WARRANTY

The Merchant warrants that in agreeing to these Terms and Conditions of Carriage, he is or has the authority of the person owning or entitled to possession of the Goods and this Bill of Lading.

4. NEGOTIABILITY AND TITLE TO THE GOODS

This Bill of Lading shall be deemed negotiable unless otherwise expressly stated. Delivery of the Goods may be made against surrender of an original Bill of Lading when required by the Carrier and applicable law.

5. CERTAIN RIGHTS AND IMMUNITIES FOR THE CARRIER AND OTHER PERSONS

The Carrier shall be entitled to subcontract on any terms the whole or any part of the carriage, handling, storage or other services undertaken in connection with the Goods.

The Merchant agrees that no servant, agent, subcontractor or independent contractor employed by the Carrier shall be liable to the Merchant for any loss, damage, delay or other claim arising out of or in connection with the Goods except as provided by applicable law.

6. CARRIER'S RESPONSIBILITY

The responsibility of the Carrier for the Goods shall be determined in accordance with these Terms and Conditions of Carriage and the law applicable to the relevant stage of transportation.

The Carrier shall not be responsible for loss, damage or delay except to the extent that such responsibility is imposed upon the Carrier by applicable law and cannot lawfully be excluded or limited.

7. PORT TO PORT SHIPMENT

Where the carriage is identified as Port to Port, the responsibility of the Carrier shall commence when the Goods are loaded aboard the Vessel at the Port of Loading and shall end when the Goods are discharged from the Vessel at the Port of Discharge, subject always to applicable law and these Terms and Conditions.

8. COMBINED TRANSPORT

Where the Carrier undertakes transportation involving more than one mode of transport, the Carrier's responsibility shall be determined in accordance with the applicable provisions governing the stage of transportation during which any loss or damage occurred.

9. METHODS AND ROUTES OF TRANSPORTATION

The Carrier may at any time and without notice to the Merchant:

Use any means of transport or storage.

Transfer the Goods from one conveyance to another.

Proceed by any route in the Carrier's discretion.

Load or unload the Goods at any port or place.

Store the Goods at any port or place.

Transship the Goods.

The liberties provided under this clause may be exercised for any purpose connected with the performance of the carriage.

10. MATTERS AFFECTING PERFORMANCE

If at any time the performance of the carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind, the Carrier may take such measures as it considers reasonable in the circumstances, subject to applicable law.

11. DESCRIPTION OF GOODS

The Bill of Lading particulars relating to marks, number, quantity, weight, volume, nature, kind or value of the Goods are furnished by the Merchant.

The Merchant warrants the accuracy of all particulars furnished by or on behalf of the Merchant and shall indemnify the Carrier against consequences arising from inaccuracies in such particulars, to the extent permitted by applicable law.

12. SHIPPER-PACKED CONTAINERS

Where a Container has been packed by the Merchant, the Carrier shall not be responsible for loss or damage caused by the manner in which the Container has been packed, the unsuitability of the Goods for carriage in the Container, or the inadequacy of packing, marking or securing of the Goods, except to the extent otherwise required by applicable law.

13. DANGEROUS GOODS

The Merchant shall not tender Goods of a dangerous, hazardous or damaging nature without providing the Carrier with complete written information concerning their nature and the precautions required for their carriage.

The Merchant shall comply with all applicable laws, regulations and requirements relating to dangerous Goods.

14. FREIGHT AND CHARGES

Freight and all other charges shall be payable in accordance with the terms stated in the Bill of Lading and the Carrier's applicable tariff.

The Merchant shall be responsible for all freight, charges, duties, taxes and expenses relating to the Goods where such amounts are payable by the Merchant under the contract of carriage.

15. LIEN

To the extent permitted by applicable law, the Carrier shall have a lien on the Goods and any documents relating thereto for freight, charges and other amounts due to the Carrier in connection with the carriage.

16. VARIATION OF THE CONTRACT

No servant, agent or representative of the Carrier shall have authority to waive or vary these Terms and Conditions unless such waiver or variation is expressly authorized in writing by the Carrier.

17. PARTIAL INVALIDITY

If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect to the extent permitted by applicable law.

18. JURISDICTION AND LAW

The contract evidenced by this Bill of Lading shall be governed by the law and jurisdiction expressly specified by WEST COAST CARGO LINE S.A., subject to any mandatory law or international convention that may apply.