12. Responsibility for stowage, lashing and separation of cargo on a vessel

12.1. Stowage of cargo is carried out according to cargo plan approved by ship's master and agreed with NCSP and a representative of cargo owner.

When heavy-lift cargoes (weighting more than 5 tons) or/arid long loads (more than 8 m long) are to be loaded on a vessel the ship's administration prior to cargo handling is obliged to submit to NCSP, in addition to Cargo plan, the plan of distribution and lashing of above-mentioned cargo taking into account allowable load limits on cargo decks and availability of lashing rings.

The ship's administration is responsible for observance of proper distribution, stow­age, trimming, lashing, separation and securing of cargoes in cargo spaces of the vessel.

The ship's administration has a right to stop loading/discharging of the vessel until observed violation in cargo-handling is eliminated. Any claims raised after comple­tion of working shift during which such violation took place are not accepted.

The shipowner bears responsibility for separation of B/L's lots and quality of separation.

All subsequent costs resulting from erroneous loading are for vessel's account.

Loading cargo on deck is carried out with the written consent of cargo owner.

12.2. Mounting of stanchions for the reception of cargo on deck and lashing of deck cargo are carried out at vessel's expense and under her responsibility not­withstanding whether this work is effected by crew members or by NCSP servants and means on master's request.

12.3. Separation and lashing of cargoes carried out on board a vessel is on vessel's account.

Separation or lashing materials required for transportation of cargoes are pro­vided by charterers or cargo owners at their expense. Special materials - tightening screws, clamps, steel ropes and other devices for lashing of cargoes are supplied by the vessel.

If there is no contract with shipowner all expenses for lashing, lashing materials are for account of cargo owner or it's forwarding agent.

Separation and lashing materials for liner vessels are supplied by shipowners at the their own expenses.

12.4. Additional expenses arisen from discharging cargoes from lockers, tanks and other spaces that are not fit for normal work of people and machinery as well as discharging of substandard cargoes and cargoes in damaged condition are for vessel's account.

13. Methods of cargo handling.

13.1. NCSP reserves the right to itself complete freedom in respect of the means and procedure to be employed in the receipt, storage, stripping, carrying, loading, discharging, stuffing, tellying of cargoes unless otherwise agreed upon in writing between customer and NCSP.

14. Liability.

14.1. NCSP shall be exempt from all liability whatsoever for deficiency, loss, dam­age, or misdelivery of or to goods or to a vessel however or whenever caused except upon proof by the customer that the deficiency, loss, damage or misdeliv­ery was caused by the negligent or unlawful acts or omissions of NCSP or it's directly employed servants.

14.2. NCSP shall be under no liability whatsoever (whether for negligence or oth­erwise) for loss or misdelivery of or damage to a ship or the goods or any defi­ciency therein if the same arises out of or is caused by any of the following:

a) Act of God, storm, tempest or flood

b) fire, explosion, smoke

c) strikes or other industrial actions

d) war, revolution, riot, or civil commotion

e) improper or insufficient packaging of goods

f) improper, insufficient, indistinct or erroneous marking or addressing of cargoes

g) vermin, insect attack, rot or corrosion

h) heat or cold

i) any act deliberately or otherwise occasioned by third parties present on the port

area with or without permission or NCSP j) any act of NCSP, its servants or agents reasonably necessary for the safety or

preservation of persons, the port area, a vessel and/or any goods thereat or

thereon

k) shortage of berthing space, labor, plant deficiency, fuel or power 1) the total or partial failure of any electronic services or systems offered at any time by NCSP including the total or partial failure of any communication links with those services or systems

14.3. In case NCSP is liable for indemnification of damages to CABGOES

maximum amounts payable are the value of cargo to which the claim relates, however not in excess of:

• $200 per parcel or unit

• $2000 per total damage/incident

VESSEL

maximum amounts payable are:

• the value of that part of vessel to which the claim relates at Же time of the damage or loss

• the cost of repairs (as agreed between surveyors appointed by NCSP and the

Owner) However maximum amount payable in no case be more than $ 500 000

EQUIPMENT

maximum amounts payable are the cost of repairs (as agreed between sun/eyors appointed by NCSP and the owner) or the value of equipment to which the claim relates, however not in excess of $ 200 per unit.

14.4. Responsibility of parties (vessel, NCSP, charterer, cargo owner) regarding the observance of dates and conditions of loading/discharging including the rate of dispatch/demurrage is established by contracts (agreements).

14.5. NCSP is liable to shipowner for any damage to a vessel that occurred through

NCSP's fault only when the damage is confirmed by a report prepared together with a representative of NCSP within the shift when it took place.