6. The Amount of Compensation
(i) When the carrier is liable for compensation in respect of loss of or damage to the Goods, such compensation shall be calculated by reference to the invoice value of the Goods plus freight charges and insurance if paid.
(ii) If there is no invoice value of the Goods, such compensation shall be calculated by reference to the value of such Goods at the place and time they are delivered to the Merchant in accordance with the contract or should have been so delivered. The value of the Goods shall be fixed according to the commodity exchange price or, if there be no such price. according to the current market price or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.
(iii) Compensation shall not however exceed US $2 per kilo of gross weight of the Goods lost or damaged,
(iv) Higher compensation may be claimed only when, with the consent of the Carrier, the value for the Goods declared by the Shipper which exceeds the limits laid down in this clause has been stated in this Bill of Lading, in that case the amount of the declared value shall be substituted for that limit. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.

7. Special Provisions
(1) Notwithstanding anything provided for in Clauses 5 and 6 of this Bill of Lading and subject to Clauses 18 and 19 if it can be proved where the loss or damage occurred the Carrier and the Merchant shall, as to the liability of the Carrier, be entitled to require such liability to be determined.
(a) by the provisions contained in any international convention or national law, which provisions
(i) cannot be departed from by private contract to the detriment of the Merchant; and
(ii) would have applied if the Merchant had made a separate and direct contract. with the Carrier in respect of the particular stage of transport where the loss or damage occurred and received as evidence thereof any particular document which must be issued if such international convention or national law shall apply.
Provided that an international convention or national law may be invoked as aforesaid only if it would have been applicable If the contract referred to in (ii) above were governed.
(1) where the loss or damage occurred between the time that the Goods were received by the Carrier for transportation and the time that the Goods were loaded at the port of loading, by the internal law of the State of the place of receipt. or
(2) where the loss of damage occurred during carriage by sea. by the internal law of the final port of discharge, or
(3) where the loss or damage occurred between the time that the Goods were discharged at the final port of discharge and the time that the Goods were delivered to the Merchant. by the internal law of the State of place of delivery. Or
(i) by the Hague Rules contained in International Convention for the Unification of Certain Rules Relating to Bills of Lading dated 25th August, 1924, if the loss or damage is proved to have occurred at sea or on inland waterways; for the purposes of this sub clause the limitation of liability under the Hague Rules shall be deemed to be f100 sterling. lawful money of the United Kingdom per package or unit and references in the Hague Rules to carriage by sea shall be deemed to include references to carriage by inland waterways and the Hague Rules shall be construed accordingly. or
(ii) by Standard Japanese Road Transportation clauses if the loss oi damage is proved to have occurred during carriage by road in Japan: or.
(iii) by Japanese Road Transportation Business Law and Ministerial Ordinance for Railway Transportation if the loss or damage is proved to have occurred during carriage by rail in Japan
(2) If the whole of the carriage undertaken by the Carrier is limited to carriage from a Container Yard (CY) or Container Freight Station (CFS) in or immediately adjacent to the sea terminal at the port of loading to a CY or CFS in or immediately adjacent to the sea terminal at the port of discharge, the liability of the Carrier shall be determined by the national law, which shall be applicable to the carriage by sea under paragraph (a) above, or falling which by the Hague Rules. referred to in (1) (b) (i) above. irrespective of whether the loss or damage is proved to have occurred during the period of carriage at sea or prior or subsequent thereto.

8. General
(i) The Carrier does not undertake that the Goods shall arrive at the port of discharge or place of delivery at any particular time or to meet any particular
circumstances be liable for any direct, indirect or consequential loss or damage caused by delay.
The liability of the Carrier for indirect or consequential loss or damage caused by delay shall in no case exceed the freight for the transport covered by the Bill of Lading.
(ii) Save as otherwise provided herein, the Carrier shall in no circumstances be liable for direct or indirect or consequential loss or damage arising from any
other cause.
(iii) The terms of this, Bill of Lading shall govern the responsibility of the Carrier in connection with or arising out of the supply of a Container to the Merchant whether before or after the Goods are received by the Carrier for transportation or delivered to the Merchant.

9. Notice of loss, Time Bar
(i) Unless notice of loss of or damage to the Goods and the general nature of it be given in writing to the Carrier at the place of delivery before or at the time of the removal of the Goods into the custody of the person entitled to delivery thereof under this Bill of Lading, or if the loss or damage be not apparent within seven consecutive days thereafter, such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as described in this Bill of Lading.
(ii) Subject to paragraph (iii) below the Carrier shall be discharged of all liability under this Bill of Lading unless suit is brought and written notice thereof given to the Carrier within nine months after delivery of the Goods In the case of total loss of the Goods the period shall begin to run two months after the Goods have been received for transportation.
(iii) Notwithstanding paragraph (ii) above; if the whole of the carriage undertaken by the Carrier is limited to the carriage from a CY or CFS in or immediately adjacent to the sea terminal at the port of loading to a CY or CFS in or immediately adjacent to the sea terminal at the port of discharge, the Carrier shall be discharged from ail liability whatsoever in respect of the Goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered.

10. Defences and Limits for the Carrier
(i) The defences and limits of liability provided for in this Bill of Lading shall apply in any action against the Carrier for loss or damage to the Goods whether the action be founded in contract or in tort.
(ii) The Carrier shall not be entitled to the benefit of the limitation of liability provided for in Clause 6. sub clause (iii) if it is proved that the loss or damage resulted from an act or omission of the Carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result.