1. Shipper and Carrier are bound by the terms and conditions of this Bill of Lading.

2. The signature of shipper to request for receipt of carriage and delivery of the merchandise described in this Bill of Lading obligates him to make shipment as per his request to Carrier and to pay the prescribed freight thereon. Failure to make shipment does not release Shipper from obligation to pay freight on amount contracted to be shipped.

3. Delivery of cargo is to be taken by the consignees from ship as s/he ready to discharge, and if delivery be not so taken without delay or if notice of general discharge has been given, the master or agent is at liberty to land or discharge the goods into hulks, lighters, warehouse, or onto wharf at the risk and expense of the owners of the goods. In case of quarantine at any port, the goods may be discharged into quarantine depot, hulk or other vessel as required for the ship’s dispatch, or should this be impracticable, the master may proceed on his voyage and land the goods at the nearest safe port of his opinion, at the risk and expense of the owners of the goods. Expenses of whatever kind or nature to which the goods mat be subjected to by reason of quarantine shall be borne by the owners of the goods and shall be paid before delivery. Carrier’s responsibility shall cease when the goods so discharge under quarantine are landed at the nearest safe port.

4. All claims for shortage or damage must be made at the time of delivery to consignee or his agent, if the packages or containers show exterior signs of damage. Claims for non-delivery of shipment must be presented to the carrier within thirty (30) days from the date of accrual. Suits based upon claims arising from shortage, damage, or non- delivery of shipment shall be instituted within sixty days from the date of accrual. Failure to make claims, or to institute judicial proceedings as herein provided shall constitute waiver of the claim to right of action.

5. All cargo which from its nature must be stored on deck will be transported wholly at the risk of Shipper.

6. If the merchandise covered by this Bill of Lading is a consigned order, without any condition or limitation other than the name of the party to be notified, the surrender of the original hereon properly endorsed shall be required before delivery of merchandise.

7. If the shipper delivers inflammables, explosives, or other articles of a dangerous character, without notice to Carrier as to the nature of the consignment, Shipper shall be responsible for all loss or damage caused thereby, and such cargo may be warehoused at his expense, or if safe warehousing is impossible, it may be destroyed without compensation to the Shipper.

8. Carrier will not accept or assume liability for documents, or any article of extraordinary value not specifically rated in published classification, unless by special agreement wherein the value of such document or article is stipulated.

9. It is expressly understood that carrier shall not be liable for loss or damage from any cause or any reason for an amount exceeding Three Hundred Pesos (Php300.00) Philippines Currency for any single package of silk or other valuable cargo, nor for an amount exceeding One Hundred Pesos (Php100.00) Philippine Currency for any single package of other cargo, unless the value and contents of such package or cargo are correctly declared in this Bill of Lading at the time of shipment, and freight paid in accordance with the actual measurement, weight, and value of the cargo shipped.

10. Carrier shall not be responsible for the detention or wrongful delivery of any merchandise herein specified not distinctly marked to correspond with this Bill of Lading, nor for consequence arising from the insufficiency of the address or packing, or from obliteration, errors, or inaccuracies of marks and number or for damages from sweat, effect of climate, natural decay, leakage, rust, or any injurious effects of other goods, or for chaffing of contents or for damage from coal or dust. Glass, china, castings, and other goods of a brittle or fragile nature, or unprotected pieces and such merchandise are carried at owner’s risks only.

11. Carrier shall not be responsible for loss of or damage to shipment bill as “Owner’s Risk”. Nor shall Carrier be responsible for loss or damaged caused by force majeure, perils, danger, or accidents of the sea or waters: wars, public enemies, restraints of princes or rulers, peoples act of taking or mobs, pirates, robbers or thieves, by sea or land: theft , by any person on board, in craft or on shore, whether in the employ of the Carrier or not, If the Carrier has used reasonable vigilance in protecting the shipment; loss or damage from jettison, worms, vermin, rats; legal process, attachments, quarantine and sanitary measures, barratry of master or crew, rising of passengers, claims of third parties; detention, deviation or accidental delay; riots, strikes, lockouts, epidemics, stoppages of labor, stoppages of transit or claim of there to ;: fire or water onboard the vessel or on wharf or land or pier or in hulks or lighters of warehouses; or collapse of, or destruction of, or damage to wharf or pier or its covering ; present or future latent defects in or breakage or fracture of hull, shaft, propeller, fittings, fixtures, valves, pipes, machinery, boilers , or appurtenances; or from explosion or bursting of boilers, collisions with vessels or other structures or objects, stranding, or wrecks or accidents of navigation; or If Carrier shall have exercised due diligence to make the vessel in all respects seaworthy and properly manned, equipped and supplied , shall the carrier become, or be held responsible for any loss or damage that shall result in whole or in part from any of the following causes, to wit: unseaworthiness of the vessel whether existing at the time of shipment or at the beginning of voyage; fault, negligence, or error of the pilot , master or crew in the navigation or management of the vessel , or of its engines, boilers, winches, hoisting, gear, fittings, fixtures, equipment, ports, hatches, headlights, valves, docks, pipes, tanks, and their connections, and this whether such fault , negligence , or error be before or after sailing or be in port or at sea, or from any other causes of whatsoever kind.

12. Carrier shall have a lien on all merchandise shipped on this Bill of Lading for freight, dead freight, demurrage and detention: and all payments made or liabilities incurred with respect to any charges stipulated herein shall be borne by Shipper. All freight unclaimed for at the destination are stored at cost of the shipper and are not covered by insurance unless otherwise agreed. After 30 days the carrier shall have the right to dispose of the cargo to their best judgment and belief in order to cover freight charges, handling, storage fees, etc.

13. General averages, if any, shall be payable according to the existing law unless otherwise agreed to by all interested parties. 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 consequences of which the ship owner it not responsible by statue or contract, otherwise, the Shipper, Consignee, or owners of the cargo shall contribute with the shipowner in general average to the payment of any sacrifices, losses, or expense of a general average nature that may be made or incurred, and shall pay salvage and special charges incurred with respect to the cargo.

14. Shipper and Consignee shall pay freight charges at the rate stated within and all other charges accruing on said cargo according to actual weight or volume before delivery. If upon inspection it is found that the articles shipped are not those described in this Bill of Lading, freight charges shall be paid upon the articles actually shipped. And wrong description of cargo shall release the Carrier from all responsibility in case of seizure or detention thereof. All fines and expenses and losses due to detention of ship or cargo caused by incorrect marking or by incomplete or inaccurate description of contents or weight, or of any other particulars required by the authorities upon either the packages or Bill of Lading, shall be borne by the owners or Consignees of the goods implicated.

15. Carrier will not receive for shipment any article the transportation of which is prohibited by law, and if any such goods be shipped in any matter, the shipper will not only be liable to such penalties as may be imposed by law, but also all damages, sustained in consequence of such shipment and, in addition, Carrier may, upon discovery thereof, throw such goods overboard or otherwise destroy them.

16. A false or incorrect description of the contents, weight, measurement or value of any package or shipment whereby the full amount of freight due may, if estimated on the face of the Bill of Lading be not correct, shall entitle Carrier to charge and collect double the regular rate provided.

17. In the event of any port or ports being interdicted by blockade, or if, in the opinion of the master or agents, the entering or discharging in any port be deemed unsafe by reason of war or disturbance, the master may be discharged and the ships responsibility shall cease.

18. It is specifically stipulated and agreed that all Claims for loss of or damage to any merchandise or property from many cause or for any conversion thereof shall be restricted to the cash value of the same at the port of shipment at the date of shipment, unless otherwise in writing agreed. The liability of the common carrier, however, shall not exceed the value of goods as appearing in the Bill of Lading. Carrier shall not be liable from loss of market value arising from miscarriage or late delivery.

19. Transshipment of cargo for ports or inland points not included within the vessel’s itinerary is to be at the expense of the cargo if requested by shipper.

Neither the carrying vessel name herein, her owner, or agent, shall be deemed to be agent o subsequent carrier or carriers. If, upon the arrival at port of transshipment, there shall be no Carrier ready to receive the goods, said goods may be discharged into lighters or stored under suitable available protection at the risk and expense of then owners of the goods. Neither the carrying vessel name herein, her owner, or agent, shall not be liable for loss, damage, or delay occurring after the discharge of said goods.

Carrier shall be Shipper’s agent for payment to other carrier of such freight as may be so paid for other carriers use, and freight of every carrier of said merchandise by water shall, at the option of said carrier, be deemed earned when said packages shall be laden or board other carrier’s vessel and shall be payable by Shipper whether such other carrier’s vessel or said packages be thereafter lost or not lost at any stage of the entire transit. No carrier shall be liable for delay or misdelivery, conversion, loss or damage unless it is shown that the same occurred while said packages were in its possession.

20. Carrier shall take due to precaution for the welfare and safety of animals but will not be responsible for the condition or morality of such for accidents to livestock accepted for shipment. Veterinary fees and expenses connected with the loading and discharge of livestock shall be for account of Shipper. Maintenance of animals during the voyage and until finally landed at destination will be solely for the account of Shipper or Owner.

21.During the time a vessel is held in quarantine a charge of thirty (30) centavos per ton for each 24 hours or major portion thereof shall be made against all cargo on board.

22. The Carrier reserves the right to refuse any package which in her opinion is not in good order and condition.

23. In case of default on the part of the shipper to pay the freight charges within the period of thirty (30) days from delivery of goods, a penalty of two percent (2%) per month shall be paid to the company and, In case of litigation, a sum equivalent to twenty-five percent (25%) of the amount shall be paid as attorney’s fee plus the cost of litigation. Venue of any Court action shall exclusively be in the Courts of Cebu City.