Page1 Höegh Autoliners AS Bill of Lading

1. DEFINITIONS. «Merchant » includes the shipper, the receiver, the consignor, the consignee, the holder sub-contractors and shall include agents , servants and sub-contractors employed both directly and indirectly
of the Bill of Lading, the owner of the cargo and any person entitled to the possession of the cargo, and anyone by the Carrier and shall also include the agent, servant or sub- contractor`s own sub-agents and sub-
acting on behalf of any such person (s).«Carrier»is Höegh Autoliners AS, of Oslo,Norway contractors. It is hereby expressly agreed that vessel owner (in case vessel not owned by Carrier), bareboat
(Enterprise No. 933 099 628) charterers (in case vessel not bareboat chartered by Carrier) , technical and commercial managers,
employment agencies. Master and crew that performs any of the
2. PARAMOUNT CLAUSE. Carrier`s obligations under this Bill of Lading shall be regarded as sub-contractors of the Carrier.

A) The rules contained in the International Convention for the Unification of Certain Rules relating to Bills of 13. GOVERNMENT DIRECTIONS, WAR, EPIDEMICS, ICE, STRIKES, ETC.
Lading, signed in Brussels on 25th August 1924 (hereinafter the «Hague Rules») as enacted in the
country of shipment shall apply to this contract. When no such enactment is in force in the country of A) The Master and the Carrier shall have liberty to comply with any order or directions or recommen-
shipment, the corresponding legislation of the country of destination shall apply, but in respect of dations in connection with the transport under this contract given by any Government or Authority,
shipment to which no such enactments are compulsorily applicable, the terms of the said convention or anybody acting or purporting to act on behalf of such Government or Authority, or having under
shall apply. the terms of the insurance on the vessel the right to give such orders or directions or recommendations.

B) In trades where the Hague Rules as amended by the Protocol signed in Brussels on 23rd February B) Should it appear that the performance of the transport would expose the vessel or any goods onboard to
1968 ( hereinafter the «Hague - Visby Rules») apply compulsorily, the provisions of the respective the risk of seizure or damage or delay, resulting from war, war like operations, blockade, riots, civil
legislation shall be considered incorporated in this Bill of Lading. The Carrier takes all reservations commotions or piracy, or any person onboard to the risk of loss of life or freedom, or that any such risk
possible under such applicable legislation, relating to the period before loading and after discharging has increased, the Master may discharge the cargo at port of loading or any other safe and convenient
and while the goods are in charge of another carrier, and to deck cargo. port.

C) Notwithstanding any language to the contrary in this Bill of Lading, if goods are shipped to or from the C) Should it appear that epidemics, quarantine, ice, labour troubles, labour obstructions, strikes, lock
. United States, this Bill of Lading shall have effect subject only to the provisions of the United States outs, any of which on board or on shore, or difficulties in loading or discharging would prevent the
Carriage of Goods by Sea Act, approved April 16, 1936 (hereinafter the « US COGSA »), which shall super- vessel from leaving the port of loading or reaching or entering the port of discharge or there dis-
sede all other acts, statutes, conventions and treaties and which shall, alone, be deemed incorporated charging in the usual manner and leaving again, all of which safely and without delay, the Master may
herein. discharge the cargo at port of loading or any other safe and convenient port.

D) Notwithstanding any language to the contrary in this Bill of Lading, if goods are shipped to or from D) The discharge under the provisions of this clause of any cargo for which a Bill of Lading has been
Canada, this Bill of Lading shall have effect subject only to the provisions of the Canada Marine Liability issued shall be deemed due fulfilment of the contract. If in connection with the exercise of any liberty
Act, 2001 (hereinafter the «Canada Marine Liability Act»), which shall supersede all other acts, statutes, under this clause any extra expenses are incurred, they shall be paid by the Merchant in addition to the
conventions and treaties and which shall, alone, be deemed incorporated herein. freight, together with return freight if any and a reasonable compensation for any extra services rendered
to the goods.
3. JURISDICTION AND GOVERNING LAW. Any claim or dispute arising under or in connection with
this Bill of Lading (whether in contract,tort or otherwise) shall be referred to and decided by Oslo City Court, E) If any situation referred to in this clause may be anticipated, or if for any such reason the vessel
Norway, and, if any appeals are taken, by the appellate courts of Norway and shall be governed by Norwegian cannot safely and without delay reach or enter the loading port or must undergo repairs, the Carrier
law, except as provided elsewhere in this Bill of Lading. may cancel the contract before the Bill of Lading is issued.

4. PERIOD OF RESPONSIBILITY. The Carrier or its agent shall not be liable for loss of, damage to or F) The Merchant shall be informed if possible.
delay of the goods during the period before loading and after discharge from the vessel, howsoever, or in
whatsoever manner such loss, damage or delay arises. 14. LOADING, DISCHARGING AND STORING.
Loading, discharging and delivery of the cargo shall be arranged by the Carrier‘s agent, unless otherwise
5. INDIRECT DAMAGE, DELAY AND MISDELIVERY, TIME BAR. agreed. Storing and delivery shall be for the Merchant‘s account. Loading and discharging may commence
without previous notice. The Merchant or his Assign shall tender the goods when the vessel is ready to load
A) The Carrier shall in no circumstances be responsible for indirect or consequential loss or damage and as fast as the vessel can receive and - but only if required by the Carrier-also outside ordinary working
caused through misdelivery, delay or physical loss of or damage to the goods. hours notwithstanding any custom of the port. Otherwise the Carrier shall be relieved of any obligation to load
such cargo and the vessel may leave the port without further notice and deadfreight is to be paid. The
B) Any claim for delivery of the goods to the wrong person, shall be subject to a time limitation of one year . Merchant or his Assign shall take delivery of the goods and continue to receive the goods as fast as the vessel
from the date of delivery . can deliver and - but only if required by the Carrier - also outside ordinary working hours notwithstanding any
custom of the port. Otherwise the Carrier shall be at liberty to discharge the goods and any discharge to be
6. THE SCOPE OF VOYAGE. The intended voyage shall not be limited to the direct route but shall be deemed a true fulfilment of the contract. If the goods are not applied within a reasonable time, the Carrier may
deemed to include any proceeding or returning to or stopping or slowing down at or off any ports or sell the same privately or by auction. The Merchant shall bear all overtime charges in connection with
places for any reasonable purpose including maintenance or repair of the vessel and /or illness, injury, tendering and taking delivery of the goods as above. The Merchant shall be under the obligation to take
training or replacement of any members of the crew. delivery of damaged cargo and shall accept his reasonable proportion of unidentified loose cargo.

7. SUBSTITUTION AND TRANSHIPMENT. 15. LIGHTERAGE. Any lightering in or off ports of loading or ports of discharge to be for the account of the
Merchant.
A) The Carrier shall be entitled but not obliged to substitute any vessel or other means of transport
and to subcontract on any terms which are reasonable in the circumstances the whole or any part of 16. FREIGHT AND CHARGES.
the carriage and the duties undertaken by the Carrier in relation to the goods.
A) Prepayable freight, whether actually paid or not, shall be considered as fully earned upon loading
B) If the Carrier substitutes another vessel or means of transport for the goods , the Carrier‘s responsibility and non-returnable in any event. The Carrier‘s claim for any charges under this contract shall be
shall be limited to the part of the transport performed in its own vessel and the Carrier shall not be liable considered definitely payable in like manner as soon as the charges have been incurred. Interest at
in respect of other parts of the transport even if all freight has been collected by it. 10 per cent, shall run from the date when freight and charges are due.

8. OPTIONAL STOWAGE. UNITIZATION. B) The Merchant shall be liable for expenses of fumigation and of gathering and sorting loose cargo
and of weighing onboard and expenses incurred in repairing damage to and replacing of packing due to
A) Goods may be stowed by the Carrier as and when received. expected causes and for all expenses caused by extra handling of the cargo for the aforementioned reasons.

B) Any containers, whether stowed by the Carrier or received by it in a stowed condition from the C) Any dues, duties, taxes and charges which under
Merchant, may be carried on or under deck without notice to the Merchant. any denomination may be levied on any basis such as amount of freight, weight of cargo or tonnage
of the vessel shall be paid by the Merchant.If paid by the Carrier, any such charge shall be refunded by
9. LIABILITY FOR DECK CARGO. Deck cargo shall be carried subject to all permissible exceptions the Merchant.
under the Hague Rules, the Hague - Visby Rules, US COGSA and/or Canada Marine Liability Act as may be
applicable under Clause 2. D) The Merchant shall be liable for all fines and/or losses which the Carrier, vessel or cargo may incur
through non-observance of Custom House and/or import or export regulations.
10. UNIT LIMITATION OF RESPONSIBILITY. One vehicle shall be considered one freight unit. If goods are
shipped in a container, such container shall be considered one unit. E) The Carrier is entitled in case of incorrect declaration of content, weights, measurements or value
Neither the Carrier nor the ship shall in any event be or become liable for any loss or damage to or in of the goods to claim double the amount of freight which would have been due if such declaration
connection with the transportation of goods in an amount exceeding $ 500,- lawful money of the United States had been correctly given. For the purpose of ascertaining the actual facts, the Carrier reserves the
of America per package ( unit), or in case of goods not shipped in packages per customary freight unit, or the right to obtain from the Merchant the original invoice and to have the contents inspected and the weight
equivalent of that sum in other currency, unless the nature and value of such goods have been declared by the measurement or value verified.
Shipper before shipment and inserted in the Bill of Lading. This declaration, if embodied in the Bill of Lading,
shall be prima facie evidence, but shall not be conclusive on the Carrier. F) Full freight shall be paid on damaged or unsound goods.
By agreement between the Carrier, Master or agent of the Carrier and the shipper another maximum
amount than that mentioned in the preceeding paragraph may be fixed, PROVIDED, that such maximum shall G) Goods once shipped cannot be taken back except upon Carrier‘s consent and payment of full freight and
not be less than the figure above named. In no event shall the Carrier be liable for more than the amount of any extra expenses.
damage actually sustained. Neither the Carrier nor the ship shall be responsible in any event for loss or
damage to or in connection with the transportation of the goods if the nature or value thereof has been H) If the currency in which freight and charges are quoted is devalued between the date of freight
knowingly and fraudulently misstated by the shipper in the Bill of Lading. agreement and the date and actual payment, then the amount payable shall be increased in proportion.

11. LIABILITY OF SERVANTS, AGENTS AND SUB - CONTRACTORS OF THE CARRIER. 17. LIEN. The Carrier shall have a lien on the goods for any amount due under this contract and cost of
It is hereby expressly agreed that no servant, agent or sub - contractor of the Carrier, shall in any recovering same and shall be entitled to sell the goods privately or by auction to cover any claims.The
circumstances whatsoever be under any liability whatsoever to the Merchant under the contract of carriage Carrier`s lien shal continue notwithstanding delivery of the goods.
evidenced by this Bill of Lading for any loss, damage or delay of whatsoever kind arising or resulting directly
or indirectly from any act, neglect or default on his or their part while acting in the course of or in connection 18. GENERAL AVERAGE. General Average shall be settled according to York-Antwerp Rules of 1994 and be
with his or their employment . adjusted at any port or place by one or more General Average adjuster(s) in the Carrier‘s choice. The
The Merchant undertakes that no claim shall be made against any servant, agent or sub-contractor of the Merchant shal contribute and / or receive contributions in General Average for all Goods shipped under this
Carrier and, if any claim should nevertheless be made, to indemnify the Carrier against all consequences Bill of Lading .The Merchant shall be personally liable in respect of contribution whether or not average bond
thereof. or other security has been demanded. Such security including a cash deposit as the Carrier may deem
sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon, shall,
12. HIMALAYA CLAUSE. DEFENCES AND LIMITS OF LIABILITY FOR THE CARRIER, SERVANTS, if required, be submitted to the Carrier prior to delivery of the goods.
AGENTS AND SUB - CONTRACTORS OF THE CARRIER.
Without prejudice to the generality of the foregoing provisions, every exemption, limitation, condition and 19. GENERAL AVERAGE BELGIUM`S COMMERCIAL CODE.
liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature The Merchant by accepting this Bill of Lading expressly waives and renounces part II Article 148 of the
applicable to the Carrier or to which the Carrier is entitled shall also be available and shall extend to protect Belgium Commercial Code and agrees that damage to and expenses and sacrifices incurred by the vessel,
every such servant, agent or sub-contractor of the Carrier acting as aforesaid. even if caused by the inherent vice or unseaworthiness of the vessel, or by fault or neglect of the Master or
For the purpose of the foregoing provision of this clause the Carrier is or shall be deemed to be acting as Crew,shall be considered as matters of General Average and shall be contributed to by Merchant accordingly.
agent or trustee on behalf of and for the benefit of all persons who are or might be his servants, agents or sub-
contractors from time to time and all such persons shall to this extent be or be deemed to be parties to the 20. NEW JASON CLAUSE AND BOTH TO BLAME COLLISION CLAUSE.
contract evidenced by this Bill of Lading. New Jason Clause and Both to Blame Collision Clause as adopted by the Baltic and International Maritime
The terms « agent», «servant» and «sub - contractor» shall include independent agents, servants and Conference are hereby incorporated herein and shall remain in effect even if unenforceable in the United
States of America.