RULE: 8 - BILL(S) OF LADING Eff: 01SEP2003
|
Effective |
01SEP2003 |
|
Filed |
01SEP2003 |
|
Filing Codes |
IR |
All cargo transported under the rates, charges, terms and
conditions named in this Tariff and in Tariffs subject to
this Tariff shall be held, carried and delivered SUBJECT to
the provisions of Carrier's applicable Long Form B\L, the
terms and conditions of which are shown below.
a. When issued, all B/Ls MUST show the name and address of
both the Shipper/Consignor and the Consignee; the total
weight and total measurement of each piece, package or
unit of cargo in the shipment, except in the case of FCL
shipments, only the total shipment weight and
measurement must be shown; and on shipments consigned
"TO ORDER," the name and address of the party to be
notified MUST also appear.
b. Shippers/Consignors requiring that the Original B/L,
properly endorsed, be surrendered to the Carrier before
delivery is accomplished, MUST secure an ORDER B/L.
c. In accordance with the law, no On-Board B/Ls may be
issued until the cargo is actually on board the vessel.
d. The Terms and Conditions of Carrier's regular long form
B/L are as follows:
1. (a) Except as otherwise provided herein, this Bill
of Lading shall have effect subject to the
provisions of the Carriage of Goods by Sea Act
of the United States of America, approved
April 16, 1936, which shall not be deemed a
surrender by the Carrier of any of its rights
or immunities or an increase of any of its
responsibilities or liabilities under said Act.
The provisions stated in said Act (except as
otherwise specifically provided herein) shall
govern before loading on and after discharge
from the vessel and throughout the entire time
the Goods are in the custody of the Carrier.
If this Bill of Lading is issued or delivered in
a locality where there is in force a compulsorily
applicable Carriage of Goods by Sea Act,
Ordinance or Statute of a nature similar to the
International Convention for the Unification of
Certain Rules Relating to Bills of Lading dated
at Brussels, August 25, 1924, it shall be subject
to the provisions of said Act, Ordinance or
Statute and rules thereto annexed.
(b) The Carrier shall be entitled to the full benefit
of, and right to, all limitations of or
exceptions from, liability authorized by any
provisions of Sections 4281 to 4288, inclusive,
of the Revised Statutes of the United States
and amendments thereto and of any other provisions
of the laws of the United States or of any other
country whose laws shall apply.
2. In this Bill of Lading:
(a) "Carrier" means and includes
Carrier named on the face side hereof, the vessel,
her owner, Master, operator, demise character,
and if bound hereby, the time charterer, and
any substitute Carrier whether the owner,
operator, charterer or Master shall be acting
as carrier or bailee.
(b) "Vessel" means and includes the ocean vessel on
which the Goods are shipped, named on the face
hereof, or any substitute vessel, also any
feedership, ferry, barge, lighter or any other
watercraft used by the Carrier in the performance
of this contract.
(c) "Merchant" means and includes the shipper, the
consignee, the receiver, the holder of this
Bill of Lading, the owner of the Goods or person
entitled to the possession of the Goods and the
servants or agents of any of these.
(d) "Charges" means and includes freight and all
expenses and money obligations incurred and
payable by the Merchant.
(e) "Goods" means and includes the cargo received
from the shipper and described on the face
side hereof and any Container not supplied
by or on behalf of the Carrier.
(f) "Container" means and includes any container,
van, trailer, transportable tank, flat, pallet
or any similar article of transport.
(g) "Person" means and includes an individual,
corporation, partnership or other entity as the
case may be.
(h) "Participating Carrier" means and shall include
any other water, land or air carrier performing
any stage of the Combined Transport.
3. It is understood and agreed that other than the said
Carrier, no person whatsoever (including the Master,
officers and crew of the vessel, all servants, agents,
employees, representatives, and all stevedores,
terminal operators, crane operators, watchmen,
carpenters, ship cleaners, surveyors and other
independent contractors whatsoever) is or shall be
deemed to be liable with respect to the goods as
carrier, bailee or otherwise howsoever, in contract
or in tort. If, however, it should be adjudged
that any other than said carrier is under any
responsibility with respect to the Goods, all
limitations of and exonerations from liability
provided by law or by the terms hereof shall be
available to such other persons as herein described.
In contracting for the foregoing exemptions,
limitations and exonerations from liability, the
Carrier is acting as agent and trustee for and on
behalf of all persons described above, all of
whom shall to this extent be deemed to be a party
to this contract evidenced by this Bill of Lading,
it being always understood that the said
beneficiaries are not entitled to any greater or
further exemptions, limitations or exonerations from
liability, than those that the Carrier has under this
Bill of Lading in any given situation.
4. Subject to all rights, privileges and limitations
of and exonerations from liability granted to the
ocean carrier under this Bill of Lading or by law,
any liability by the respective participating
carriers for loss or damage to the Goods or packages
carried hereunder shall be governed by the following:
(a) If loss or damage occurs while the goods or
packages are in the custody of the ocean
carrier, only the ocean carrier shall be
responsible therefore, and any liability of
the ocean carrier shall be determined by the
terms and conditions of this Bill of Lading
and any law compulsorily applicable.
(b) If loss or damage occurs while the Goods or
packages are in the custody of a participating
domestic or foreign Carrier, only the
participating domestic or foreign Carrier(s)
shall be responsible therefore, and any
liability of such participating domestic or
foreign Carrier(s) shall be determined, in
respective order, by the terms, conditions
and provisions of the applicable participating
domestic or foreign Carrier's Bill(s) of Lading,
whether issued or not, tariff(s) and law
compulsorily applicable in the circumstances.
(c) Notwithstanding subdivision (a) and (b) hereof,
it is contemplated that the Goods or packages
will from time to time be carried in through
transportation that will include inland
transportation within the United States by
Railroad and sea carriage by one or more of
the other Carriers above defined (When used
on or endorsed on this Bill of Lading the words
"on board" shall mean and include on board the
original carrying vessel when the Goods or
packages are being transported from the
continental United States to a foreign port or
place "on board" shall mean and include on
board a rail car operated by the originating
carrier and enroute by rail to the port of
loading for loading on board the Carrier's or
participating Carrier's vessel).
(d) If loss or damage occurs after receipt of the
Goods or packages hereunder, and it cannot be
determined from the records of the ocean
Carrier or participating domestic or foreign
Carrier(s) whether such damage or loss occurred
during ocean, domestic or foreign carriage, it
shall be conclusively presumed that the loss or
damage occurred on board the vessel and while
the Goods or packages were in the custody of
the ocean Carrier.
(e) At all times when the Goods or packages are in
the custody of the above-mentioned participating
domestic or foreign Carriers, such Carriers
shall be entitled to all the rights, defenses,
exceptions from or limitations of liability
and immunities of whatsoever nature referred
to or incorporated herein applicable or granted
to the Carrier as herein defined, to the full
extent permitted to such domestic and foreign
Carriers under this Bill(s) of Lading, tariffs
and any other laws applicable or relating
thereto, provided however, that nothing
contained in this Bill of Lading shall be
deemed a surrender by these domestic or foreign
Carriers of any of their rights and immunities
or an increase of any of their limitations of
and exonerations from liability under their
said Bill(s) of Lading, tariffs or laws
applicable or relating to said carriage.
(f) In making any arrangements for transportation
by participating domestic or foreign Carriers
of the Goods or packages carried hereunder,
either before or after ocean carriage, it is
understood and agreed that the ocean Carrier
acts solely as agent of the Merchant, without
any other responsibility whatsoever, and it
assumes no responsibility as Carrier for such
domestic or foreign tranportation.
(g) Notice of loss or damage and claim against the
ocean Carrier, where applicable, shall be
given to the ocean Carrier, and suit commenced
as provided for in Clauses 30 and 31 hereof.
Notice of loss or damage against the
participating domestic or foreign Carrier(s),
where applicable, shall be filed with the
participating domestic or foreign Carrier(s)
and suit commenced as provided for in the terms,
conditions and provisions of said Carrier(s)
Bill(s) of Lading or by law applicable thereto.
It is understood by the Merchant that such
terms, conditions and provisions, as they
pertain to notice of, and claim for, loss or
damage and commencement of suit, contain
different requirements than those requirements
pertaining to ocean Carriage as contained in
Clauses 30 and 31 hereof.
5. The goods carried hereunder are subject to all the
terms and provisions of the Carrier's applicable
Tariff or Tariffs on file with the Federal Maritime
Commission, Interstate Commerce Commission or any
other regulatory body which governs a particular
portion of this carriage, and the terms and provisions
of the said Tariff or Tariffs are hereby incorporated
herein as part of the Terms and Conditions of this
Bill of Lading. Copies of the relevant provisions
of the applicable Tariff or Tariffs are obtainable
from the Carrier, Federal Maritime Commission,
Interstate Commerce Commission or other regulatory
body upon request. In the event of any conflict
between the terms and provisions of such Tariff or
Tariffs and the Terms and Conditions of this Bill
of Lading, this Bill of Lading shall prevail.
6. The Merchant warrants that in agreeing to the Terms
and Conditions hereof, he is, or has authority of,
the person owning and entitled to the possession of
the Goods and this Bill of Lading.
7. (a) The Carrier shall be entitled to sub-contract on
any terms the whole or any part of the carriage,
loading, unloading, storing, warehousing, handling
and any and all duties whatsoever undertaken
by the Carrier in relation to the Goods.
(b) As to through transportation, the Carrier
undertakes to procure such services as necessary
and shall have the right at its sole discretion
to select any mode of land, sea or air transport
and to arrange participation by other Carriers
to accomplish the combined transport from place
of receipt to place of delivery. Whenever any
stage of the combined transport is accomplished
by any land or air Carrier or any other water
Carrier, each such stage shall be controlled
according to any law compulsorily applicable
to such stage and according to the contracts,
rules and tariffs of each participating Carrier,
the same as if such contracts, rules and tariffs
were fully set forth herein.
8. The Carrier shall be entitled but under no
obligation to open any Container at anytime and to
inspect the contents unless applicable law prohibits
same. If it thereupon appears that the contents or
any part thereof cannot safely or properly be carried
or carried further, either at all or without
incurring any additional expense or taking any
measures in relation to the Container or its contents
or any part thereof, the Carrier may abandon the
transportation thereof and/or take any measures
and/or incur any reasonable additional expense to
carry or to continue the carriage or to store the
same ashore or afloat under cover or in the open, at
any place, which storage shall be deemed to
constitute due delivery under this Bill of Lading.
The Merchant shall indemnify the Carrier against
any unreasonable additional expense so incurred.
9. Carrier may containerize any Goods or packages.
Containers may be stowed on deck or under deck and
when so stowed shall be deemed for all purposes to
be stowed under deck, including for General Average
and U.S. Carriage of Goods by Sea Act, 1936 and
similar legislation.
10. Deck cargo (except goods carried in containers on
deck) and live animals are received and carried
solely at Merchant's risk (including accident or
mortality of animals), and the Carrier shall not
in any event be liable for any loss or damage
thereto arising or resulting from any matters
mentioned in Section 4, Sub-Section 2(a) to (p),
inclusive, of the United States Carriage of Goods
by Sea Act, or from any other cause whatsoever not
due to the fault of the Carrier, any warranty of
seaworthiness in the premises being hereby waived,
and the burden of proving liability being in all
respects upon the Merchant. Except as provided
above, such shipments shall be deemed Goods and shall
be subject to all terms and provisions of this Bill
of Lading relating to Goods.
11. Special containers with heating or refrigeration
units will not be furnished unless contracted for
expressly in writing at time of booking and, when
furnished, may entail an increased freight rate or
charge. Shipper shall advise Carrier of desired
temperature range when delivering Goods to Carrier,
and Carrier shall exercise due diligence to maintain
the temperature within a reasonable range while the
containers are in its custody or control. The Carrier
does not, however, accept any responsibility for the
functioning of heated or refrigerated containers
not owned or leased by Carrier.
12. The scope of the voyage herein contracted for shall
include usual or customary or advertised ports of
call whether named in this contract or not, also
ports in or out of the advertised, geographical or
usual route or order, even though in proceeding
thereto the vessel may sail beyond the port of
discharge named herein or in a direction contrary
thereto, or return to the original port, or depart
from the direct or customary route and includes all
canals, straits, and other waters. The vessel
may call at any port for the purpose of the current,
prior or subsequent voyages. The vessel may omit
calling at any port whether scheduled or not,
and may call at the same port more than once, may
discharge the goods during the first or subsequent
call at the port of discharge, may for matters
occurring before or after loading, and either with
or without the goods on board, and before or after
proceeding towards the port of discharge, adjust
compasses, drydock with or without cargo on board,
stop for repairs, shift berths, make trial trips or
tests, take fuel or stores, remain in port, lie on
bottom, aground or at anchor, sail with or without
pilots, tow and be towed, and save or attempt to save
life or property, and all of the foregoing are
included in the contract voyage. The vessel may
carry contraband, explosives, munitions, warlike
stores, hazardous cargo, and sail armed or unarmed,
and with or without convoy.
The Carrier's sailing schedules are subject to change
without notice, both as to the sailing date and date
of arrival. If this is a Through Bill of Lading,
no Carrier is bound to transport the shipment by
any particular train, truck, aircraft, vessel or
other means of conveyance, or in time for any
particular market or otherwise. No Carrier shall be
liable for delay and any Carrier shall have the right
to forward the goods by substitute Carrier.
13. If at any time the performance of the contract
evidenced by this Bill of Lading is or is likely
to be affected by any hindrance, risk, delay,
difficulty or disadvantage of whatsoever kind
which cannot be avoided by the exercise of reasonable
endeavours, the Carrier (whether or not the transport
is commenced) may without notice to the Merchant
treat the performance of this contract as terminated
and place the Goods or any parts of them at the
Merchant's disposal at any place or port which the
Carrier may deem safe and convenient, whereupon the
responsibility of the Carrier in respect of such
Goods shall cease. The Carrier shall nevertheless
be entitled to full freight and charges on Goods
received for transportation and the Merchant shall
pay any additional costs of carriage to and delivery
and storage at such place or port.
14. If the Carrier makes a special agreement, whether
by stamp hereon or otherwise, to deliver the Goods
at a specified dock or place, it is mutually agreed
that such agreement shall be construed to mean
that the Carrier is to make such delivery only if,
in the sole judgment of the Carrier, the vessel can
get to, lie at, and leave said dock or place, always
safely afloat, and only if such dock or place is
available for immediate receipt of the Goods and that
otherwise the Goods shall be discharged as otherwise
provided in this Bill of Lading, whereupon all
responsibility of Carrier shall cease.
15. The port authorities are hereby authorized to grant
a general order for discharging immediately upon
arrival of the vessel and the Carrier, without giving
notice either of arrival or discharge, may,
immediately upon arrival of the vessel at the
designated destination, discharge the goods
continuously, Sundays and Holidays included at all
such hours by day or by night as the Carrier may
determine no matter what the state of the weather
or custom of the port may be.
The Carrier shall not be liable in any respect
whatsoever if heat or refrigeration or special
cooling facilities shall not be furnished during
loading or discharge or any part of the time that
the Goods are upon the wharf, craft or other loading
or discharging place.
Landing and delivery charges and pier dues shall be
at the expense of the Goods unless included in the
freight herein provided for. If the Goods are not
taken away by the consignee by the expiration of the
next working day after the Goods are at his disposal,
the Goods may, at Carrier's option and subject to
Carrier's lien, be sent to store or warehouse or
be permitted to lie where landed, but always at the
expense and risk of the Goods. The responsibilites
of the Carrier in any capacity shall altogether
cease and the Goods shall be considered to be
delivered and at their own risk and expense in every
respect when taken into the custody of Customs or
other Authorities, or into that of any municipal
or governmental concessionaire or depository.
The Carrier shall not be required to give any
notification of disposition of the Goods, except
as may be otherwise provided in this Bill of Lading.
16. At ports or places where, by local law, authorities,
or custom, the Carrier is required to discharge
cargo to lighters or other craft, or where it
has been so agreed, or where wharves are not
available which the ship can get to, lie at, or
leave, always safely afloat, or where conditions
prevailing at the time render discharge at a wharf
dangerous, imprudent, or likely to delay the vessel,
the Merchant, shall promptly furnish lighters or other
craft to take delivery alongside the ship, at the
risk and expense of the Goods. If the Merchant,
fails to provide such lighters or other craft,
Carrier, acting solely as agent for the Merchant,
may engage such lighters or other craft at the risk
and expense of the Goods. Discharge of the Goods
into such lighters or other craft shall constitute
proper delivery and any further responsibility
of Carrier with respect to the Goods shall
thereupon terminate.
17. The carrier shall have liberty to comply with any
order or directions or recommendations in connection
with the transport under this contract of carriage
given by any Government or Authority or anyone acting
or purporting to act on behalf of such Government
or Authority, or having, under the terms of the
mortgage or insurance on the vessel or other
transport, the right to give such orders, directions
or recommendations. Discharge or delivery of the
Goods in accordance with the said order or directions
or recommendations shall be deemed a fulfillment of
the contract. Any extra expense incurred in connection
with the exercise of the Carrier's liberty under
this clause shall be paid by the Merchant in addition
to freight and charges.
18. Whenever the Carrier or Master may deem it advisable,
or in any case where goods are destined for port(s)
or place(s) at which the vessel or participating
carriers will not call, the Carrier may, without
notice, forward the whole or any part of the shipment,
before or after loading at the original port of
shipment, or any other place or places even though
outside the scope of the voyage or the route to
or beyond the port of discharge or the destination
of the Goods, by water, by land or by air or by any
combination thereof, whether operated by the Carrier
or others and whether departing or arriving or
scheduled to depart or arrive before or after the
ship expected to be used for the transportation of
the shipment. The Carrier may delay forwarding
awaiting a vessel or conveyance in its own service
or with which it has established connections. In
all cases where the shipment is delivered to another
Carrier or to a lighter, Port Authority, warehouseman
or other bailee for transshipment, the liability
of this Carrier shall absolutely cease when the
Goods are out of its exclusive possession and shall
not resume, until the Goods again come into its
exclusive possession, and the responsibility of
this Carrier during any such period shall be that of
an agent of the Merchant and this Carrier shall be
without any other responsibility whatsoever. The
carriage by any transshipping or On-Carrier and all
transshipment or forwarding shall be subject to all
the terms whatsoever in the regular form of Bill of
Lading, consignment note, contract or other
shipping document used at the time by the Carrier
performing such transshipment or forwarding.
19. In any situation whatsoever and wheresoever
occurring and whether existing or anticipated before
commencement of or during the combined transport,
which in the judgement of the Carrier or the Master
is likely to give rise to risk of capture, siezure,
detention, damage, delay or disadvantage or loss to
the Carrier or any part of the Goods, to make it
unsafe, imprudent or unlawful for any reason to
receive, keep, load, or carry the goods, or commence
or proceed on or continue the transport or to enter
or discharge the goods or disembark passengers at
the port of discharge, or the usual or agreed or
intended place of discharge or delivery, or to give
rise to delay or difficulty in proceeding by the usual
or intended route, the Carrier or the Master may
decline to receive, keep, load or carry the Goods or
may devan container(s) contents or any part thereof
and may require the Merchant to take delivery of the
Goods at the place of receipt of any other point in
the combined transport and upon failure to do so,
may warehouse the Goods at the risk and expense
of the Goods, or the vessel, whether or not
proceeding towards or entering or attempting to
enter a port of discharge, or reaching or attempting
to reach a usual place of discharge therein or
attempting to discharge the shipment, may discharge
the Goods and/or devan the contents of any
container(s) at another port, depot, lighter, craft,
or other place, or may forward or transship them as
provided in this Bill of Lading, or the Carrier
or the Master may retain the Goods, vanned or
unvanned, on board until the return of the vessel
to the port of loading or to the port of discharge
or until such time as the Carrier or the Master thinks
advisable and discharge the Goods at any place
whatsoever as herein provided. The Carrier or the
Master is not required to give notice of such
devanning or of discharge of the Goods or of the
forwarding thereof as herein provided. When the Goods
are discharged from the ship, as herein provided,
such shall be at the risk and expense of the Goods.
Such discharging shall constitute complete delivery
and performance under this contract and the Carrier
shall be free from any further responsibility,
unless it be shown that any loss or damage to the
Goods arose from Carrier's negligence in the
discharge and delivery as herein provided, the burden
of establishing such negligence being on the Merchant.
For any service rendered to the Goods as herein above
provided or for any delay or expense to the vessel
caused as a result thereof, the Carrier shall be
entitled to a reasonable extra compensation, and
shall have a lien on the goods for such carriage.
Notice of disposition of the Goods shall be mailed
to shipper or consignee named in this Bill of Lading.
Goods shut out from the vessel named herein for any
cause may be forwarded on a subsequent vessel of
this Line or, at Carrier's option, on a vessel of
another Line or by other mode of transportation.
20. Notwithstanding the foregoing, the Carrier shall
neither be liable therefore, nor concluded as to,
the correctness of any such marks, descriptions
or representation.
When any cargo unit owned or leased by Carrier is
packed or loaded by shipper or its agent, or
discharged by consignee or its agent, shipper,
consignee, receiver, holder of this Bill of Lading,
owners of the Goods and person entitled to the
possession of the Goods shall be and remain liable,
jointly and severally, for any loss or damage to
the cargo unit during such loading or discharge,
howsoever occurring, until the cargo unit is returned
to Carrier's custody and, at tariff rates, for any
delay beyond the time allowed for such loading or
discharge, and for any loss, damage or expense
incurred by Carrier as a result of the failure
to return the cargo unit to the Carrier in the
same sound condition and state of cleanliness
as when received by shipper. Such loss, damage,
expense or delay shall constitute a lien on the
Goods.
Where a cargo unit is to be unpacked or unloaded
by consignee or its agent, consignee or its agent
shall promptly unpack or unload such cargo unit
and take delivery of its contents, irrespective of
whether the Goods are damaged or not. Carrier shall
not be liable for loss or damage caused to the Goods
by or during such unpacking or unloading.
21. When containers, vans, trailers, transportable tanks,
flats, palletized units, and all other packages
(all hereinafter referred to generically as "cargo
units") are not packed or loaded by Carrier, such
cargo units shall be deemed shipped as "Shipper's
weight, load and count". Carrier has no reasonable
means of checking the quantity, weight, condition
or existence of the contents thereof, does not
represent the quantity, weight, condition or
existence of such contents, as furnished by the
shipper and inserted in this Bill of Lading, to be
accurate, and shall not be liable for nonreceipt
or misdescription of such contents. Carrier shall
have no responsibility or liability whatsoever
therefore or for the packing, loading, securing
and/or stowage of contents of such cargo units, or
for loss or damage caused thereby or resulting
therefrom, or for the physical suitability or
structural adequacy of such cargo units properly
to contain their contents.
The Merchant, whether principal or agent, by packing
or loading the cargo unit and/or by allowing the
cargo unit to be so packed or loaded, represents,
guarantees and warrants: (a) that the Goods are
properly described, marked and safely and securely
packed in their respective cargo units; that such
cargo units are physically suitable, sound and
structurally adequate properly to contain and
support the Goods during handling and on the
transport; and that the cargo units may be handled
in the ordinary course without damage to themselves
or to their contents, or to the vessel or conveyance
or to their other cargo, or property, or persons;
(b) that all particulars with regard to the cargo
units and their contents, and the weight of each
said cargo unit, are in all respects correct, and
(c) that they have ascertained and fully disclosed
in writing to the Carrier and all participating
Carriers on or prior to shipments, and condition,
ingredient or characteristic of the Goods which
might indicate that they are inflammable, explosive,
corrosive, radioactive, noxious, hazardous or
dangerous in nature, or which might cause damage,
injury or detriment to the Goods, or to the vessel,
conveyance or other cargo or to property or persons
that they have complied fully with all statutes,
ordinances and regulations of the Department of
Transportation of the United States of America and
all other regulatory bodies with respect to labeling,
packaging and preparation for shipment of all such
Goods.
The shipper, consignee, receiver, holder of this
Bill of Lading, owner of the Goods and persons
entitled to the possession of the Goods jointly
and severally agree fully to protect and indemnify
Carrier, and to hold it harmless in respect of any
injury or death of any person, or loss or damage to
cargo or cargo unit or any other property, or to the
vessel or conveyance or expense or fine arising out of
or in anyway connected with breach of any of the
foregoing representations or warranties, howsoever
occurring, even without fault of shipper, consignee
and/or owner of the Goods, and even though such
injury, death, loss or damage is caused in whole or
in part by the fault of the Carrier or unseaworthiness.
22. The Merchant and the Goods themselves shall be liable
for and shall indemnify the Carrier, and the Carrier
shall have a lien on the Goods for all expenses of
mending, repairing, fumigating, repacking, coopering,
baling, reconditioning of the Goods and gathering
of loose contents of packages; also for expenses
for repairing containers damaged while in the
possession of the Merchant for demurrage on containers
and any payment, expense, fine, dues, duty, tax,
impost, loss, damage or detention sustained or
incurred by or levied upon the Carrier, vessel or
conveyance in connection with the Goods, howsoever
caused, including any action or requirement of any
government or governmental authority or person
purporting to act under the authority thereof,
seizure under legal process or attempted seizure,
incorrect or insufficient marking, numbering or
addressing of containers, packages or description
of the contents, failure of the Merchant to procure
consular, Board of Health or other certificates to
accompany the Goods or to comply with laws or
regulations or any kind imposed with respect to the
Goods by the authorities at any port or place or
any act or omission of the Merchant. The Carrier's
lien shall survive delivery and may be enforced by
private or public sale and without notice.
23. Freight shall be payable, at Carrier's option, on
actual gross intake weight or measurement or on
acutal gross discharge weight or measurement
or on a value or other basis. Freight may be
calculated on the basis of the particulars of the
Goods furnished by the shipper herein, but the
Carrier may, as previously stated herein, at any
time open the packages or containers and examine,
weigh, measure and value the Goods (unless applicable
law prohibits same). In case shipper's particulars
are found to be erroneous and additional freight
payable, the Merchant and the Goods shall be liable
for any expense incurred for examining, weighing,
measuring and valuing the Goods. Full freight shall
be paid on damaged or unsound goods. Full freight
hereunder to place of delivery named herein and
advance charges (including on-Carrier's) shall be
considered completely earned on receipt of the Goods
by the Carrier, whether the freight be stated or
intended to be prepaid or to be collected at
destination; and the Carrier shall be entitled to
all freight and charges, extra compensation,
demurrage, detention, General Average, claims and
any other payments made and liability incurred
with respect to the Goods, whether actually paid
or not, and to receive and retain them irrevocably
under all circumstances whatsoever, vessel,
conveyance and/or cargo lost, damaged or otherwise,
or the combined transport changed, frustrated or
abandoned. In case of forced abandonment or
interruption of the combined transport for any cause,
any forwarding of the goods or any part thereof shall
be at the risk and expense of the Goods. All unpaid
charges shall be paid in full, without any offset, coun-
terclaim or deduction in the currency of the place of
receipt or at Carrier's option, in the currency of the
place of delivery at the demand rate of New York
exchange as quoted on day of arrival of the Goods at
the place of delivery.
The Merchant shall be jointly and severally liable
to the Carrier for the payment of all freight charges
and the amounts due to the Carrier, and for any
failure of either or both to perform his or their
obligations under the provisions of the Bill of Lading,
and they shall indemnify the Carrier against, and hold
it harmless from, all liability, loss, damage and
expense which the Carrier may sustain or incur arising
or resulting from any such failure or performance
by the Merchant. Any person, firm or corporation
engaged by any party to perform forwarding services
with respect to the cargo shall be considered the
exclusive agent of the Merchant for all purposes and
any payment of freight to such person, firm or
corporation shall not be considered payment to the
Carrier in any event. Failure of such person, firm or
corporation to pay any part of the freight to the
carrier shall be considered a default by the
Merchant in the payment of the freight.
The Carrier shall have a lien on the Goods and any
documents relating thereto, which shall survive
delivery, for all freight charges and damages of any
kind whatsoever, and for the costs of recovering
same, including expenses incurred in preserving this
lien, and may enforce this lien by public or
private sale and without notice. The shipper,
consignee, receiver, holder of this Bill of Lading,
owner of the Goods and person entitled to the
possession of the Goods shall be jointly and
severally liable to the Carrier for the payment
of all freight, charges and damages as aforesaid
under and for the performance of this obligation of
each of them hereunder.
24. Carrier shall not be liable for any consequential
or special damages and shall have the option of
replacing lost Goods or repairing damaged Goods.
25. The weight or quantity of any bulk cargo inserted
in this Bill of Lading is the weight or quantity as
ascertained by a third party other than the Carrier,
and Carrier makes no representation with regard to
the accuracy thereof. This Bill of Lading shall not
be deemed evidence against the Carrier of receipt of
goods of the weight of quantity so inserted in the
Bill of Lading.
26. Neither the Carrier nor any corporation owned by,
subsidiary to or associated or affiliated with the
Carrier shall be liable to answer for or make
good any loss or damage to the Goods occurring at
any time and even though before loading on or after
discharge from the ship, by reason or by means of any
fire whatsoever, unless such fire shall be caused by
its design or neglect, or by its actual fault or
privity. In any case where this exemption is not
permitted by law, Carriers shall not be liable for
loss or damage by fire unless shown to have been caused
by Carrier's negligence.
27. If the vessel comes into collision with another
vessel as a result of the fault or negligence of the
other vessel and any act, neglect or default of the
Carrier, Master, mariner, pilot or the servants of
the Carrier in the navigation or in the management
of the vessel, the Merchant will indemnify the
carrier against all loss or liability to the other
or non-carrying vessel or her owners insofar as such
loss or liability represents loss of, or damage to,
or any claim whatsoever of the Merchant, paid
or payable by the other or non-carrying vessel or
her owners to the Merchant and set-off, recouped or
recovered by the other or non-carrying vessel or
her owners as part of their claim against the
carrying vessel or Carrier.
The foregoing provisions shall also apply where the
owners, operators or those in charge of any vessel or
vessels or objects other than, or in addition to,
the colliding vessels or objects are at fault in
respect of a collision, contact, stranding or other
accident.
This provision is to remain in effect in other
jurisdictions even if unenforceable in the Courts
of the United States of America.
28. General average shall be adjusted, stated and
settled according to York-Antwerp Rules 1974,
except Rule XII thereof, at such port or place as
may be selected by the Carrier and as to matters
not provided for by these Rules, according to the
laws and usages of New York.
In such adjustment, disbursements in foreign
currencies shall be exchanged into United States
money at the rate prevailing on the dates made
and allowances for damage to cargo claimed in foreign
currency shall be converted at the rate prevailing
on the last day of discharge at the port or place
of final discharge of such damaged cargo from the
ship. Average agreement or bond and such additional
security as may be required by the Carrier must
be furnished before delivery of the goods. Such
cash deposit as the Carrier or his agents may deem
sufficient as additional security for the contribution
of the goods and for any salvage and special charges
thereon shall, if required, be made by the Goods,
shippers, consignees or owners of the goods to the
Carrier before delivery of the Goods. Notwithstanding
anything hereinbefore contained, such shall at the
option of the Carrier be payable in United States
currency and be remitted to the adjuster pending
settlement of the General Average and refunds of
credit balances, if any, shall be paid in United
States currency. In addition to the circumstances
dealt with in the 1974 York-Antwerp Rules, it is
agreed that if the Carrier has used due diligence
in the stowage of cargo and if the safe prosecution of
the voyage is thereafter imperiled in consequence
of the disturbance of stowage, the costs of handling,
discharge, reloading and restowing cargo shall be
allowed in General Average, even though the handling
of cargo is not necessary for the purpose of effecting
repairs to the vessel.
In the event of accident, danger 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 consequence of which,
the Carrier is not responsible by statute, contract
or otherwise, the Goods, the shipper, consignee,
receiver, holder of the Bill of Lading, owner of the
Goods and person entitled to the possession of the
Goods, jointly and severally, shall contribute with
the Carrier in General Average to the payment of any
sacrifies, losses or expenses of a General Average
nature that may be made or incurred and shall pay
salvage and special charges incurred in respect
of the Goods. If a salving ship is owned or
operated by the Carrier, salvage shall be paid for
as fully and in the same manner as if such salving
ship or ships were owned or operated by strangers.
Cargo's contribution in General Average shall be
paid to the shipowner even when such average is the
result of fault, neglect or error of the Master, pilot,
officers or crew. The Merchant expressly renounces
any and all codes, statutes, laws or regulations which
might otherwise apply.
29. In case of any loss or damage to or in connection with
Goods exceeding in actual value the equivalent of
$500.00 lawful money of the United States, per package,
or in case of Goods not shipped in packages, per
shipping unit, the value of the Goods shall be deemed
to be $500.00 per package or per shipping unit. The
Carrier's liability, if any, shall be determined
on the basis of a value or $500.00 per package or
per shipping unit or pro rata in case of partial
loss or damage, unless the nature of the Goods and
a valuation higher than $500.00 per package or per
shipping unit shall have been declared by the
shipper before shipment and inserted in this
Bill of Lading, and extra freight paid if required.
In such case, if the actual value of the Goods per
package or per shipping unit shall exceed such
declared value, the value shall nevertheless be deemed
to be declared value and the Carrier's liability,
if any, shall not exceed the declared value and
any partial loss or damage shall be adjusted pro
rata on the basis of such declared value. The words
"shipping unit" shall mean each physical unit or
piece of cargo not shipped in a package, including
articles or things of any description whatsoever,
except goods shipped in bulk, and irrespective
of the weight or measurement unit employed in
calculating freight charges.
Where containers, vans, trailers, transportable
tanks, flats, palletized units and other such packages
are not packed by the Carrier, each individual such
container, van, trailer, transportable tank,
palletized unit and other such package including
in each instance its contents, shall be deemed a
single package and Carrier's liability limited to
$500.00 with respect to each such package.
30. As to loss or damage to the Goods or packages
occurring or presumed to have occurred during ocean
voyage, unless notice of loss of or damage and the
general nature of it be given in writing to the
Carrier or its agent at the port of delivery before
or at the time of the removal of the Goods or
packages 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 three
consecutive days after delivery at the port of
discharge, such removal shall be primafacie evidence
of the delivery by the Carrier of the Goods or packages
as described in this Bill of Lading.
31. As to loss or damage to the Goods or packages
occurring or presumed to have occurred during ocean
carriage, the Carrier and the vessel shall be
discharged from all liability in respect of loss,
damage, misdelivery, delay or in respect of any
other breach of this contract and any claim
whatsoever with repsect to the Goods or packages,
unless suit is brought within one year after
delivery of the Goods or package or the date when
the Goods or package should have been delivered.
Suit shall not be deemed brought unless jurisdiction
shall have been obtained over the Carrier and/or
the vessel by service of process or by an agreement
to appear.
32. Gold, silver, specie, bullion or other valuables,
including those named or described in Sec. 4281 of
the Revised Statutes of the United States, will
not be received by the Carrier unless their true
character and value are disclosed to the Carrier
and a special written agreement therefore has been
made in advance, and will not, in any case, be loaded or
landed by the Carrier. No such valuables shall be
considered received by or delivered to the Carrier
until brought aboard the ship by the shipper and
put in the actual possession of and written receipt
therefor is given by the Master or other officer
in charge. Such valuables will only be delivered by
the Carrier aboard the ship on presentation of bills
of lading properly endorsed and upon such delivery on
board the Carrier's responsibility shall cease. If
delivery is not so taken promptly after the ship's
arrival at the port of discharge, the goods may be
retained aboard or landed or carried on, solely at
the risk and expense of the goods.
33. It is agreed that superficial rust, oxidation or
any like condition due to moisture, is not a condition
of damage but is inherent to the nature of the cargo;
and acknowledgement of receipt of the Goods in
apparent good order and condition is not a
representation that such conditions of rust,
oxidation and the like did not exist on receipt.
34. Nothing in this Bill of Lading shall operate to
deprive the Carrier of any statutory protection or
exemption from, or limitiation of, liability,
contained in the laws of the United States, or in
the laws of any other country which may be applicable.
This Bill of Lading shall be construed according to
the laws of the United States and the Merchant agrees
that any suits against the Carrier shall be brought
in the Federal Courts of the United States. The
terms of this Bill of Lading shall be separable, and
if any part or term hereof shall be held invalid,
such holding shall not affect the validity or
enforceability of any other part or term hereof.
Table Of Contents
