RULE: 8 - BILL(S) OF LADING - TERMS AND CONDITIONS Eff: 27MAY2022
| Effective | 27MAY2022 |
|---|---|
| Filed | 27MAY2022 |
| Filing Codes | IC |
All cargo transported under the rates, charges, terms and conditions named
in this Tariff shall be held, carried and delivered SBJ 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. The Terms and Conditions of Carrier's regular long form
B/L are as follows:
1. (Definitions) When used in this Bill of Lading
(A) "Ocean Carrier" means the company stated on the front of the bill of
lading, which performs the sea carriage of Goods, and the vessel, her
owner, and demise charterer, whether any of the preceding parties is
acting as ocean carrier, non-vessel operating common carrier, or bailee.
(B) "Inland Carrier" means carriers (other than the Ocean Carrier) by
land, water or air, participating in combined transport of the Goods,
whether acting as carrier or bailee.
(C) "Combined Transport" means carriage of the Goods under this Bill of
Lading from place of receipt from Merchant to place of delivery to
Merchant by the Ocean Carrier plus one or more Inland Carriers.
(D) "Port-to-Port Transportation" means carriage of the Goods under this
Bill of Lading other than combined transport.
(E) "Merchant" includes the shipper, consignor, consignee, owner, and
receiver of the Goods and the holder of this Bill of Lading.
(F) "Goods" mean the cargo described on the face of this Bill of Lading
and, if the cargo is packed into container(s) supplied or furnished by or
on behalf of the Merchant, include the container(s) as well.
(G) "Vessel" includes the vessel named on the face of this Bill of
Lading and any ship, craft, lighter, barge or other means of transport
that is substituted in whole or in part for that vessel.
(H) "Container" includes any containers (including an open top
container) flat rack, platform, trailer, transportable tank, pallet or any
other device used for transportation of goods.
(I) "Laden on Board" or similar words endorsed on this Bill of Lading
means that the Goods have been loaded on board the Vessel or are in the
custody of the Ocean Carrier, and in the event of Combined Transport if
the originating carrier is an Inland Carrier. "On Board" means that the
Goods have been loaded on board rail cars or other means of Inland
carriage or are in the custody of a participating railroad or other Inland
Carrier.
(J) "Subcontractor" includes stevedores, longshoremen, lighterers,
terminal operators, warehousemen, truckers, agents, servants, and any
person, firm, corporation or other legal entity which performs services
incidental to the carriage of the Goods.
(K) "United States" or "U.S." means the United States of America.
1. (Clause Paramount)
(A) Insofar as this Bill of Lading covers carriage of Goods by water,
this Bill of Lading shall have effect subject to the provisions of the
"Hague Rules", namely the International Conventions for the Unification of
Certain Rules Relating to Bills of Lading, dated at Brussels, August 25,
1924, as amended (including, where enacted, the Protocol dated at
Brussels, February 23, 1968, known as the Visby Rules), as enacted in the
country of shipment. When no such enactment is in force in the country of
shipment or is otherwise compulsorily applicable, the Hague Rules as
enacted in the country of destination shall apply. When no such enactment
is in force in the country of shipment or in the country of destination,
or is otherwise compulsorily applicable, the terms of the Hague Rules as
enacted by the Convention shall apply.
(B) If this Bill of Lading covers Goods moving to or from ports of the
United States in foreign trade, then carriage of such goods shall be
subject to the provisions of the United States Carriage of Goods by Sea
Act, 1936, 46 U.S.C. P1300-1315 as amended (hereinafter "U.S. COGSA"), the
terms of which shall be incorporated herein. The provisions of U.S. COGSA
shall (except as otherwise specifically provided in this Bill of Lading)
govern throughout the time when the Goods are in the custody of the Ocean
Carrier and any other water carrier and as otherwise provided in this Bill
of Lading.
2. (Law and Jurisdiction) Whenever the Carriage of Goods by Sea Act 1936
(COGSA) of the United States of America applies, this contract is to be
governed by United States Law. In all other cases actions against the
Carrier may be instituted only in the country where the Carrier has its
principal place of business and shall be decided according to the law of
such country.
3. (Limitation of Liability Statutes) Nothing in this Bill of Lading
shall operate to limit or deprive the Ocean Carrier of any statutory
protection, exemption from, or limitation of liability authorized by the
applicable laws, statutes, or regulations of any country.
4. (Sub-Contracting: Exemptions and Immunities of Subcontractors)
(A) The Ocean Carrier shall be entitled to subcontract on any terms the
whole or part of the handling, storage, or carrier of the Goods and any
and all duties whatsoever undertaken by the Ocean Carrier in relation to
the Goods.
(B) Merchant warrants that no claim shall be made against any
Subcontractor (as defined in Article 1 (J), or Subcontractor, of Ocean
Carrier, except Inland Carriers where otherwise appropriate, that imposes
or attempts to impose upon any of them or any vessel owned or operated by
any of them any liability in connection with the Goods, and, if any such
claims should nevertheless be made, to indemnify the Ocean Carrier against
all consequences of such claims.
(C) Without prejudice to the foregoing, every Subcontractor (and
Subcontractor's Subcontractor) shall have the benefit of all provisions in
this Bill of Lading for the benefit of the Ocean Carrier as if such
provisions were expressly for the Subcontractor's benefit. In entering
into this contract the Ocean Carrier, to the extent of those provisions,
does so not only on its own behalf of such Subcontractors.
5. (Route to Transport)
(A) The Goods may, at the Ocean Carriers absolute discretion, be carried
as a single shipment or as several shipments by the Vessel and/or any
other means of transport by land, water, or air and by any route
whatsoever, whether or not such route is the direct, advertised, or
customary route.
(B) The Vessel shall have liberty to call and/or stay at any port or
place in or out of the direct, advertised, or customary route, once or
more often and in any order, and/or to omit calling at any port or place
whether scheduled or not.
(C) The Vessel shall have liberty , either with or without the Goods on
board and either before or after proceeding toward the port of discharge
to adjust to compasses and other navigational instruments, make trial
trips or tests, dry dock, go to repair yards, shift berths, take on fuel
or stores, embark or disembark any person, carry contraband, explosives,
munitions, war-like stores and hazardous cargo, sail with or without
pilots, tow or be towed, and save or attempt to save life or property.
(D) If the Goods in whole or in part are for any reason not carried on
the Vessel named in this Bill of Lading, or if loading the Goods is
delayed or is likely to detain the Vessel, the Vessel may proceed without
carrying or loading the Goods in whole or in part, and notice to merchant
of such sailing is hereby waived. Ocean Carrier may forward the Goods
under the terms of this Bill of Lading on the next available ship or at
Ocean Carrier's option by any other means of transportation, whether by
land, water or air.
(E) At Ocean Carrier's option and without notice to Merchant, another
ship or ships may be substituted for the Vessel named in this Bill of
Lading, whether or not the substitute ship is owned or operated by Ocean
Carrier or arrives or departs, or is scheduled to arrive or depart, before
or after the Vessel named by this Bill of Lading.
(F) Any action taken by the Ocean Carrier under this Article 6 shall be
deemed to be included within the contractual carriage and such action, or
delay resulting therefrom, shall not be considered a deviation. Should
the Ocean Carrier be held liable in respect of such action, the Ocean
Carrier shall be entitled to the full benefit of all privileges, rights,
and immunities contained in this Bill of Lading.
6. (Responsibility)
(A) Insofar as this Bill of Lading is used for Port-to-Port
Transportation of the Goods, the Ocean Carrier shall not be responsible
for loss of or damage to the Goods caused before loading or after
discharge "Loading" shall be deemed to commence with the hooking on the
vessel's tackle, or if not using the vessel's tackle, with the receipt of
the Goods on deck or in the hold of (if the Goods are in bulk liquid) in
the vessel's permanent pipe connections. "Discharge" shall be deemed to
be completed when the Goods have been unhooked from the vessel's tackle o
removed from the vessel's deck or passed beyond the vessel's permanent
pipe connections.
(B) Insofar as this Bill of Lading is used for combined transport of the
Goods, the responsibility of the Ocean Carrier and each Inland Carrier
with respect to the Goods shall be limited to the period when the carrier
has custody of the Goods, and no carrier, either Ocean or Inland, shall be
responsible for any loss or damage caused while the Goods are not in its
custody. Any claim for loss of or damage to the Goods, including loss or
damages resulting from delay, should be made against the carrier having
custody of the Goods when the loss or damage or delay was caused.
(C) If it is established by the Merchant that the Ocean Carrier is
responsible for loss of or damage to or in connection with the Goods, such
responsibility, subject to the provisions of this Bill of Lading, shall be
to the extent following but not further:
(1) With respect to loss or damage caused during the period from the
time when the Goods arrived at the sea terminal at the port of loading to
the time when they left the sea terminal at the port of discharge, or
caused during any previous or subsequent period of carriage by sea or
waterways, to the extent prescribed by the applicable Hague Rules as
provided in Article 2.
(2) Save as indicated (C) (i) above, with respect to loss or damage
caused during the handling, storage or carriage of the Goods by Ocean
Carrier's Subcontractor, to the extent to which such Subcontractor would
have been liable to the Merchant if he had made a direct and separate
contract with the Merchant in respect of such handling, storage or
carriage, provided, however, that if the Ocean Carrier is not authorized
under any applicable laws, rules or regulations to undertake such
handling, storage, or carriage under its own responsibility, the Ocean
Carrier shall only be liable for procuring such handling, storage or
carriage. If such handling, storage or carriage occurred in or between
points in Europe, or where otherwise applicable, such responsibility shall
be governed
(a) if by road by the Convention on the Contract for the International
Carriage of Goods by Road, dated 19 May, 1956 (CMR);
(b) if by rail, by the International Convention Concerning the Carriage
of Goods by Rail, dated 25 February, 1961 (CIM);
(c) if by air, by the Convention for the Unification of Certain Rules
Relating to International Carriage by Air, signed Warsaw 12 October, 1929,
as amended by the Hague Protocol dated 28 September, 1955 (Warsaw
Convention);
(d) If it is established by the Merchant that an Inland Carrier is
responsible for loss of or damage to or in connection with the Goods, such
responsibility shall be to the extent, but not further, than the Inland
Carrier would have been liable to the Merchant if he had made a direct and
separate contract with the Merchant in respect of handling, storage or
carriage of the Goods, as applicable.
(e) Notwithstanding foregoing Article 7 (A) or 7 (B), the Ocean
Carrier does not undertake that the Goods shall arrive at the port of
discharge or place of delivery at any particular time or in time to meet
any particular market o ruse, and the Ocean Carrier shall not be
responsible for any direct or indirect loss or damage that is caused
through delay.
(f) If this Bill of Lading is used for Port-to-Port Transportation, the
column indicating final destination on the face of this Bill of Lading is
solely for the purpose of the Merchant's reference, and the Ocean
Carrier's responsibility for the Goods shall in all cases cease at the
time of discharge of the Goods at the port of discharge.
7. (Liberties)
(A) In any situation whatsoever whether or not existing or anticipated
before commencement of or during the transport, which in the judgement of
the Ocean Carrier (including for the purpose of this Article the Master
and any person charged with the transport or safekeeping of the Goods) has
given or is likely to give rise to danger, injury, loss, delay, or
disadvantage of whatsoever nature to the Vessel, the Ocean Carrier, a
vehicle, any person, the Goods or any property, or has rendered or is
likely to render it in any way unsafe, impracticable, unlawful, or against
the interest of the Ocean Carrier or the Merchant to commence or continue
the transport or to discharge the Goods at the port of discharge or to
deliver the Goods at the place of delivery by the route and in the manner
originally intended by the Ocean Carrier, the Ocean Carrier
(1) at any time shall be entitled to unpack the container(s) or
otherwise dispose of the Goods in such way as the Ocean Carrier may deem
advisable at the risk and expense of the Merchant and/or
(2) before the Goods are loaded on the Vessel, a vehicle, or other
means of transport at the place of receipt or port of loading, shall be
entitled to cancel the contract of carriage without compensation and to
require the Merchant to take delivery of the Goods and, upon his failure
to do so, to warehouse or place them at any place selected by the Ocean
Carrier at the risk and expense of the Merchant and/or
(3) if the Goods are at a place awaiting transshipment, shall be
entitled to terminate the transport there and to store them at any place
selected by the Ocean Carrier at the risk and expense of the Merchant,
and/or
(4) if the Goods are loaded on the Vessel, a vehicle, or other means
of transport whether or not approaching, entering, or attempting to enter
the port of discharge or to reach the place of delivery or attempting or
commencing to discharge, shall be entitled to discharge the Goods or any
part of them at any port or place selected by the Ocean Carrier or to
carry them back to the port of loading or place of receipt and there
discharge them . Any actions under (3) or (4) above shall constitute
complete and final delivery and full performance of this contract, and the
Ocean Carrier thereafter shall be free from any responsibility for
carriage of the Goods.
(B) If, after storage, discharge, or any actions according to subpart (A)
above the Ocean Carrier makes arrangements to store and/or forward the
Goods, it is agreed that he shall do so only as agent for and at the sole
risk and expense of the Merchant without any liability whatsoever in
respect of such agency. The Merchant shall reimburse the Ocean Carrier
forthwith upon demand for all extra freight charges and expenses incurred
for any actions taken according to subpart (A), including delay or expense
to the Vessel, and the Ocean Carrier shall have a lien upon the Goods to
that extent.
(C) The situations referred to in subpart (A) above shall include, but
shall not be limited to, those caused by the existence or apprehension of
war declared or undeclared, hostilities, riots, civil commotions, or other
disturbances closure of, obstacle in, or danger to any port or canal,
blockade, prohibition, or restriction on commerce or trading quarantine,
sanitary, or other similar regulations or restrictions, strikes, lockouts
or other labor troubles whether partial or general and whether or not
involving employees of the Ocean Carrier or its Subcontractors, congestion
of port, wharf, sea terminal, or similar place, shortage, absence or
obstacles of labor or facilities for loading, discharge, delivery, or
other handling of the Goods, epidemics or diseases, bad weather, shallow
water, ice, landslip, or other obstacles in navigation or carriage
(D) The Ocean Carrier, in addition to all other liberties provided for in
this Article, shall have liberty to comply with orders, directions,
regulations or suggestions as to Combined Transport Bill of Lading
navigation or the carriage or handling of the Goods or the Vessel
howsoever given, by any actual or purported government or public
authority, or by any committee or person having under the terms of any
insurance on the Vessel, the right to give such order, direction,
regulation, or suggestion. If by reason of and/or in compliance with any
such order, direction, regulation, or suggestions, anything is done or is
not done the same shall be deemed to be included within the contractual
carriage and shall not be a deviation.
9. (Description and Particulars of Goods) Any reference on the face of
this Bill of Lading to marks, numbers, description, quantity, quality,
gauge, weight, measure, nature, kind, value, and any other particulars of
the Goods, is as furnished by the Merchant. The Ocean Carrier shall not
be responsible for the accuracy of any such reference and is not bound
thereby. The Merchant warrants to the Ocean Carrier that the descriptions
and particulars furnished by him are correct, and the Merchant shall
indemnify the Ocean Carrier against all loss, damage, expenses, liability,
penalties and fines arising or resulting from inaccuracy of any
description or particular. Merchant acknowledges that it is required to
provide verified weights obtained on calibrated, certified equipment of
all cargo that is to be tendered to steamship lines. Shipper agrees that
Carrier is entitled to rely on the accuracy of such weights and to
counter-sign or endorse it as Carrier's own certified weight to the
steamship line carrying the cargo. The Merchant agrees that it shall
indemnify and hold the Carrier harmless from any and all claims, losses,
penalties or other costs resulting from any incorrect or questionable
verification of the weight provided by Merchant or its agent or contractor
on which the Carrier relies.
10. (Use of Container) When the Goods are not already packed into a
container at the time of receipt by the Ocean Carrier, the Ocean Carrier
shall be at liberty to pack and carry the Goods in any type of container.
11. (Ocean Carrier's Container)
(A) The Merchant assumes full responsibility for and shall indemnify the
Ocean Carrier against any loss of or damage to the Ocean Carrier's
containers and other equipment if the loss or damage is caused or occurs
while in the possession or control of the Merchant, his agents, or common
carriers engaged by or on behalf of the Merchant
(B) The Ocean Carrier shall in no event be liable for, and the Merchant
shall indemnify and hold the Ocean Carrier harmless from, any death of or
injuries to persons, or loss of or damage to property, caused by the Ocean
Carrier's container or its contents while in the possession or control of
the Merchant, his agents, or common carriers engaged by or on behalf of
the Merchant.
12. (Container Packed by Merchant) If the cargo received by the Ocean or
Inland Carrier is in a container packed by or on behalf of the Merchant.
(A) this Bill of Lading is prima facie evidence of the receipt only of
the number on the face of this Bill of Lading. The condition and
particulars of the contents are unknown to the Ocean and Inland Carriers,
and the Ocean Carrier accepts no responsibility for the accuracy of the
description of condition or particulars.
(B) The Merchant warrants
(1) that the stowage of the contents of the containers and the closing
and sealing of the containers are safe and proper, and
(2) that the containers and their contents are suitable for handling
and carriage in accordance with the terms of this Bill of Lading, incl
uding Article 15. In the event of the Merchant's breach of any of these
warranties, the Merchant and not the Ocean Carrier shall be responsible
for, and the Merchant shall indemnify and hold Ocean Carrier harmless
from, any resulting loss or damage to persons or property (including the
Goods)
(C) The Merchant shall inspect the container when it is furnished by or
on behalf of the Ocean Carrier, and the container shall be deemed to have
been accepted by the Merchant as being in sound and suitable condition for
the purpose of the transport contracted for in this Bill of Lading, unless
the Merchant gives notice to the contrary, in writing, to the Ocean
Carrier before the transport.
(D) If the container is delivered after transport by the Ocean or Inland
Carrier with seals intact, such delivery shall be deemed to be full and
complete performance of the Ocean Carrier's obligation under this Bill of
Lading, and the Ocean Carrier shall not be liable for any loss of or
damage to the contents of the container.
(E) The Ocean and Inland Carrier shall have the right to open the
container and to inspect its contents without notice to the Merchant, at
such time and place as the Ocean or Inland Carrier may deem necessary, and
all expenses incurred therefrom shall be borne by the Merchant.
(F) If any seal of the container is broken by customs or other
authorities for inspection of its contents, the Ocean Carrier shall not be
liable for any resulting loss, damage or expenses.
13. (Special Carriage or Container)
(A) The Ocean Carrier does not undertake to carry the Goods in
refrigerated, heated, insulated, ventilated, or any other special hold or
container, nor to carry any special container packed by or on behalf of
the Merchant, but the Ocean Carrier will treat such Goods or container
only as ordinary goods or dry container, respectively, unless:
(1) special arrangements for the carriage of such Goods or container
have been agreed to in writing between the Ocean Carrier and the Merchant;
(2) such special arrangements are noted on the face of this Bill of
Lading; and
(3) special freights as required has been paid. The Ocean Carrier
shall not be responsible for the function of a special container supplied
by or on behalf of the Merchant.
(B) The Ocean Carrier shall not be liable for any loss of or damage to
Goods in a special hold or container arising from latent defects,
breakdown, or stoppage of the refrigeration or heating machinery,
insulation, ship's plant, or other such apparatus of the Vessel or
container, provided that the Ocean Carrier shall before or at the
beginning of the transport exercise due diligence to maintain the special
hold or container in an efficient state.
(C) If the Goods have been packed into a refrigerated container by the
Ocean or Inland Carrier, and the particular temperature range requested by
the Merchants is inserted in this Bill of Lading, the Ocean Carrier will
set the thermostatic controls within the requested temperature range but
does not guarantee the maintenance of such temperature inside the
container.
(D) If the cargo received by the Ocean or Inland Carrier is in a
refrigerated container packed by or on behalf of the Merchant, it is the
obligation of the Merchant to stow the contents properly and set the
thermostatic controls exactly. The Ocean Carrier shall not be liable for
any loss of or damage to the Goods arising out of or resulting from the
Merchant's failure in such obligation and Ocean Carrier does not guarantee
the maintenance of the intended temperature inside the container.
14. (Dangerous Goods, Contraband)
(A) The Ocean Carrier undertakes to carry Goods of an explosive,
inflammable, radioactive, corrosive, damaging, poisonous, or dangerous
nature only upon the Ocean Carrier's approval of a written application by
the Merchant prior to the carriage of such Goods. Such application must
accurately state the name, nature and classification of the Goods, as well
as how they are dangerous and the method o rendering them innocuous,
together with the full names and addresses of the shipper and the
consignee.
(B) The Merchant shall undertake that the nature and danger of such Goods
is distinctly hand permanently marked on the outside of the package or
container containing the Goods.
(C) Merchant shall submit all documents or certificates required in
connection with such Goods by any applicable statue or regulation or by
the Ocean Carrier
(D) Whenever the Goods are discovered to have been received by the Ocean
or Inland Carrier without complying with subparts (A), (B) or (C) above,
or the Goods are found to be contraband or prohibited by any law or
regulation of any place during the transport, the Ocean Carrier shall be
entitled to have such Goods rendered innocuous, thrown overboard,
discharged, or otherwise disposed of at the Ocean Carrier's discretion
without compensation, and the Merchant shall be liable for and indemnify
the Ocean Carrier against any loss, damage or liability, including loss of
freight, and any other expenses directly or indirectly arising out of
custody or carriage of such Goods.
(E) The Ocean Carrier may exercise the right conferred upon it under the
preceding subpart whenever it is apprehended that Goods received in
compliance with subparts (A), (B) and (C) above have become dangerous,
even if not dangerous when received by the Ocean or Inland Carrier.
(F) The Ocean Carrier has the right to inspect the contents of any
package or container at any time and place without the prior notice to
Merchant and at the risk and expense of the Merchant.
15. (Stowage Under and on Deck)
(A) Goods in containers, vans, trailers, or chassis may be carried under
deck or on deck, and when such Goods are carried on deck the Ocean Carrier
shall not be required to specially note mark, or stamp any statement of
"on deck stowage" on the face of this Bill of Lading, any custom to the
contrary notwithstanding. Such on deck carriage shall not be considered a
deviation.
(B) Goods stowed in poop, forecastle, deck house, shelter deck, passenger
space, or any other covered-in-space, or stowed in a container wherever
placed, shall be deemed to be stowed under deck for all purposes including
general average.
(C) Lumber, earth moving equipment and all other Goods customarily or
reasonably carried on deck may, at Ocean Carrier's option, be carried on
deck without further notice to Merchant and without liability to the Ocean
Carrier for the risks inherent in or incident to such carriage. Such on
deck carriage shall not be considered a deviation.
(D) In respect of Goods not in containers and carried on deck, and stated
on this Bill of Lading to be so carried, all risks of loss or damage from
perils inherent in or incident to the custody or carriage of such Goods
shall be borne by the Merchant and in all other respects the Ocean Carrier
shall have the benefit of the provisions of the applicable, version of the
Hague Rules (including U.S. COGSA, notwithstanding Section 1301 (c)
thereof) and the terms of this Bill of Lading
16. (Live Animals and Plants) With respect to the custody and carriage of
live animals and plants, all risks of loss or damage by perils inherent in
or incident to such carriage shall be borne by the Merchant, and in all
other respects the Ocean Carrier shall have the benefit of the provisions
of the applicable version of the Hague Rules (including U.S. COGSA,
notwithstanding Section 1301(c) thereof) and the terms of this Bill of
Lading.
17. (Valuable Goods) The Ocean Carrier shall not be liable to any extent
for any loss of or damage to or in connection with precious metals,
stones, or chemicals, jewelry, currency, negotiable instruments,
securities, writings, documents, works of art, curios, heirlooms, or any
other valuable goods, including goods having particular value only for the
Merchant, unless the true nature and value of the Goods have been declared
in writing by the Merchant before receipt of the Goods by the Ocean or
Inland Carrier, the same is inserted on the face of this Bill of Lading
and additional freight has been paid as required.
18. (Heavy Lift)
(A) The weight of a single piece or package exceeding 2,240 lbs. gross
must be declared by the Merchant in writing before receipt by the Ocean or
Inland Carrier and must be marked clearly and durably on the outside of
the piece or package in letters and figures not less than two inches high.
(B) If the Merchant fails in his obligations under the preceding subpart
(1) the Ocean Carrier shall not be responsible for any loss of or
damage to in connection with the Goods.
(2) the Merchant shall be liable for resulting loss of or damage to any
person or property, and
(3) Merchant shall indemnify the Ocean Carrier against any resulting
loss, damage, or liability suffered by the Ocean Carrier.
19. (Delivery by Marks)
(A) The Ocean Carrier shall not be liable for failure or delaying
delivery in accordance with marks, unless such marks have been clearly and
durably stamped or marked upon the Goods, package, or container by the
Merchant before they are received by the Ocean or Inland Carrier, in
letters and numbers not less than two inches high, together with the names
of the port of discharge and place of delivery.
(B) In no circumstances shall the Ocean Carrier be responsible for
delivery in accordance with other than leading marks.
(C) The Merchant warrants that the marks on the Goods, packages and
containers correspond to the marks shown on this Bill of Lading and also
in all respects comply with all laws and regulations in force at the port
of discharge or place of delivery. The Merchant shall indemnity the Ocean
Carrier against all loss, damage or expenses resulting from inaccuracy or
incompleteness of the marks.
(D) Goods that cannot be identified as to marks or numbers, cargo
sweeping liquid residue and any unclaimed goods not otherwise accounted
for may be allocated for the purpose for completing delivery to the
various Merchants of Goods of like character in proportion to any apparent
shortage, loss of weight or damage.
20. (Delivery)
(A) The Ocean Carrier shall have the right to deliver the Goods at any
time at the Vessels side, customhouse, warehouse, wharf, or any other
place designated by the Ocean Carrier, within the geographic limits of the
port of discharge or place of delivery shown of the face of this Bill of
Lading
(B) The Ocean Carrier's responsibility shall cease when the Goods have
been delivered to the Merchant, Inland Carrier, connecting carrier or any
other person entitled to receive the Goods on Merchant's behalf at the
place designated by the Ocean Carrier. Delivery of the Goods to the
custody of customs or any other public authority shall constitute final
discharge of the Ocean Carrier's responsibility.
(C) In case the cargo received by the Ocean Carrier is containers packed
by or on behalf of the Merchant
(1) The Ocean Carrier shall only be responsible for delivery of the
total number of containers received
(2) The Ocean Carrier shall not be required to unpack the containers
and deliver their contents in accordance with brands, marks, numbers
sizes, to types of items or pieces
(3) At the Ocean Carriers discretion and upon the Merchant's request in
writing to the Ocean Carrier at least 3 days prior to the scheduled date
of arrival the of Vessel at the port of discharge containers may be
unpacked and their contents delivered by the Ocean Carrier in accordance
with the written request. In such a case if the seal of the containers is
intact at the time of unpacking all the Ocean Carrier's obligations under
this Bill of Lading shall be deemed to have been discharged, the Ocean
Carrier shall not be responsible for any loss or damage resulting from
such delivery and the Merchants shall be liable for an appropriate
adjustment of the freight and any additional charges incurred
(D) If the Goods have been packed into a container by the Ocean Carrier
shall unpack the container and deliver its contents and the Ocean Carrier
shall not be required to deliver the Goods in the container. At the Ocean
Carrier's discretion, and subject to prior arrangement between the
Merchant and the Ocean Carrier the Goods may be delivered to Merchant in
the container, in which case if the container is delivered with seals
intact all the Ocean Carrier's obligations under this Bill of Lading shall
be deemed to have been discharged, and the Ocean Carrier shall not be
responsible for any loss or damage to the contents of the container.
(E) Optional delivery shall be granted only when arranged prior to the
time of receipt of the Goods by Ocean Carrier and if expressly stated on
the face of this Bill of Lading. The Merchant desiring to avail himself
of the option so expressed must give notice in writing to the Ocean
Carrier at the first port of call named in the option at least 48 hours
prior to the Vessel's arrival there, otherwise the Goods shall be landed
at any of the optional ports at Ocean Carrier's option, and the Ocean
Carrier's responsibility shall then cease.
(F) Ocean Carrier is not responsible to give notification, in writing or
otherwise, either to Merchant or others, of the arrival, discharge, or
disposition of Goods, any custom or agreement to the contrary
notwithstanding, and notwithstanding any notation on the face of this Bill
of Lading, concerning notification or a notify party.
21. (On-Carriage and Forwarding)
(A) Whether arranged beforehand or not, the Ocean Carrier shall be at
liberty without notice to carry the Goods wholly or partly by the named or
any other Vessel, craft barge, or other means of transport by water, land
or air, whether or not owned or operated by the Ocean Carrier.
(B) The Ocean Carrier may under any circumstances whatsoever discharge
the Goods or any part of them at any port or place for transshipment and
store them afloat or ashore and then forward them by any means of
transport.
(C) If the Goods cannot be found at the port of discharge or place of
delivery, or if they be miscarried, they, when found, may be forwarded to
their intended port of discharge or place of delivery at the Ocean
Carrier's expense, but the Ocean Carrier shall not be liable for any loss,
damage, delay, or depreciation arising from such forwarding.
(D) In case of Port-to-Port Transportation, transshipment of cargo, or
receipt of cargo from ports or inland points not including within the
ship's itinerary or the Ocean Carrier's service, is to be at the sole risk
and expense of the Merchant, and neither the Ocean Carrier not its Vessel
shall be deemed to be the agent or principal of a prior or subsequent
carrier notwithstanding the issuance by the Ocean Carrier of a bill of
lading, receipt, or other shipping document at a time or place prior to
that at which the Goods are received by the Ocean Carrier
22. (Fire) The Ocean Carrier shall not be responsible for any loss of or
damage to the Goods arising from fire occurring at any time, even though
before loading on or after discharge from the Vessel, unless caused by the
actual fault or privity of the Ocean Carrier.
23. (Lien) Carrier shall have a lien on any and all property (and
documents relating thereto) of Merchant in its actual or constructive
possession, custody or control or en route, for all claims for charges,
expenses or advances incurred by Carrier in connection with this shipment,
or any previous shipment, of Merchant, or both, which lien shall survive
delivery, and if such claim remains unsatisfied for 30 days after demand
for its payment is made, Carrier may sell at public auction or private
sale, upon 10 days written notice, registered mail to Merchant, the goods,
wares and/or merchandise or so much as may be necessary to satisfy such
lien and the costs of recovery, and apply the net proceeds of such sale to
the payment of the amount due Carrier. Any surplus from such sale shall be
transmitted to Merchant, and Merchant shall be liable for any deficiency
in the sale.
24. (Freight and Charges)
(A) Freight may be calculated on the basis of the particulars of the
Goods furnished by the Merchant, who shall be deemed to have guaranteed to
the Ocean Carrier the accuracy of the contents, weight, measure, or value
as furnished by him at the time of receipt of the Goods by the Ocean or
Inland Carrier, but the Ocean Carrier for the purpose of ascertaining the
actual particulars may at any time and at the risk and expense of the
Merchant open the container or package and examine contents, weight,
measure, and value of the Goods. In case of incorrect declaration of the
contents, weight, measure and or value of the Goods, the Merchant shall be
liable for and bound to pay to the Ocean Carrier:
(1) the balance of freight between the freight charged and that which
would have been due had the correct details been given, plus
(2) expenses incurred in determining the correct details, plus
(3) as liquidated and ascertained damages, an additional sum equal to
the correct freight.
(B) Full freight to the port of discharge or place of delivery shall be
considered as completely earned on receipt of the Goods by the Ocean
Carrier, whether the freight be stated or intended to be prepaid or to be
collected at destination. The Ocean Carrier shall be entitled to all
freight and other charges due hereunder, whether actually paid or not and
to receive and retain such freight and charges under any circumstances,
whether the Vessel and/or the Goods be lost or not, or the voyage be
broken up, frustrated, or abandoned at any stage of the entire transit.
Full freight shall be paid on damaged or unsound Goods.
(C) The Payment of freight and/or charges shall be made in full and in
cash without any offset, counter claim, or deduction. Where freight is
payable at the port of discharge or place of delivery, such freight and
all other charges shall be paid in the currency named in this Bill of
Lading, or, at Ocean Carrier's option, in other currency subject to the
regulators of the freight conference concerned, if any, or custom at the
place of payment.
(D) Goods once received by the Ocean Carrier cannot be taken away or
disposed of by the Merchant except upon the Ocean Carrier's consent and
after payment of full freight and compensation for any loss sustained by
the Ocean Carrier through such taking away or disposal.
(E) If the Goods are not available when the Vessel is ready to load:
(1) The Ocean Carrier is relieved of any obligation to load such Goods
and the Vessel may leave the port without further notice.
(2) Unless the unavailability arises in the course of combined
transport and is caused by the failure of an Inland Carrier to perform its
obligations under this Bill of Lading, dead freight shall be paid by the
Merchant.
(F) The Merchant shall be liable for and shall indemnify the Ocean
Carrier against:
(1) all dues, duties, taxes, consular fees, and other charges levied on
the Goods, and
(2) all fines, damages and losses sustained by the Ocean Carrier in
connection with Goods, howsoever caused, including the Merchant's failure
to comply with laws and regulations of any public authority in connection
with the Goods, or failure to procure consular, Board of Health, or other
certificates to accompany the Goods. The Merchant shall be liable for
return freight and changes on any Goods refused exportation or importation
by any public authority.
(G) If the Ocean Carrier is of the opinion that the Goods are in need of
sorting, inspecting, mending, repairing, or reconditioning, or otherwise
require protecting or caring for, the Ocean Carrier at its discretion may,
by itself or through Subcontractors, and as agent for the Merchant, carry
out such work at the risk and expense of the Merchant. (H) The shipper,
consignor, consignee, owner of the Goods and holder of this Bill of Lading
shall be jointly and severally liable to the Ocean Carrier for the payment
of all freight and charges and for the performance of the obligations of
any of them under this Bill of Lading
25. (Notice of Claim and Time for Suit against Ocean Carrier)
(A) Unless notice of loss or damage and the general nature of such loss
or damage be given in writing to the Ocean Carrier at the port of
discharge or place of delivery before or at the time of delivery of the
Goods or, if the loss or damage is not apparent, within 3 days after
delivery, the Goods shall be deemed to have been delivered as described in
this Bill of Lading.
(B) The Ocean Carrier shall be discharged from all liability in respect
of the Goods, including without limitation nondelivery, misdelivery,
delay, loss, or damage, unless suit has been brought within one year after
delivery of the Goods or the date when the Goods should have been
delivered. Suit shall not be considered to have been "brought" within the
time specified unless process shall have been served and jurisdiction
obtained over the Ocean Carrier within such time.
26. (Limitation of Liability)
(A) Subject to subpart (B) below for the purpose of determining the
extent of the Ocean Carrier's liability for loss of or damage to the
Goods, the Merchant agrees that the value of the Goods is the Merchant's
net invoice cost, plus freight and insurance premium, if paid. The Ocean
Carrier shall not be liable for any loss of profit or any consequential
loss.
(B) Insofar as the loss of or damage to or in connection with the Goods
was caused during the part of the custody or carriage to which the
applicable version of the Hague Rules applies:
(1) The Ocean Carrier shall not be liable for loss or damage in an
amount exceeding the minimum allowable per package or unit in the
applicable version of the Hague Rules, which when U.S. COGSA is applicable
is an amount not exceeding U.S. $500 per package or customary freight
unit, unless the value (and nature) of Goods higher than this amount has
been declared in writing by the Merchant before receipt of the Goods by
the Ocean Carrier and inserted on the face of this Bill of Lading and
extra freight has been paid as required. If the actual value of the Goods
per package or unit exceeds such declared value, the value shall
nevertheless be deemed to be the declared value, and the Ocean Carrier's
liability, if any, shall not exceed the declared value. Any partial loss
or damage shall be adjusted pro rata on the basis of such declared value.
If the declared value has been willfully misstated or is markedly higher
than the actual value, the Ocean Carrier shall not be liable to pay any
compensation.
(2) Where the cargo has been packed into a container or unitized into a
similar article of transport by or on behalf of the Merchant, it is
expressly agreed that the number of such containers or similar articles of
transport shown on the face of this Bill of Lading shall be considered as
the number of the packages or units for the purpose of the application of
the limitation of liability provided for in this Article.
27. (General Average: New Jason Clause)
(A) General average shall be adjusted, stated and settled at any port or
place as the Ocean Carrier's option and according to the York-Antwerp
Rules, 1974 and as to matters not provided for by these Rules, according
to the laws and usages of the port or place of adjustment and in the
currency selected by the Ocean Carrier. The general average statement
shall be prepared by the adjusters appointed by the Ocean Carrier.
Average agreement or bond and such cash deposit as the Ocean Carrier may
deem sufficient to cover the estimated contribution of the Goods and any
salvage and special charges thereon and any other additional securities as
the Ocean Carrier may require shall be furnished by the Merchant to the
Ocean Carrier before delivery of the Goods.
(B) 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 consequence of which the
Ocean Carrier isn't responsible by statue, contract, or otherwise, the
Goods and the Merchant shall jointly and severally contribute with the
Ocean Carrier in general average to the payment of any sacrifices, loss,
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 salvage ship is owned or operated by the Ocean Carrier, salvage shall
be paid for as fully and in the same manner as if such salvaging ship
belonged to strangers.
28. (Both to Blame Collision) If the Vessel comes into collision with
another ship as a result of the negligence of the other ship and any act,
neglect, or default of the Master, mariner, pilot, or servants of the
owner of the Vessel in the navigation or in the management of the Vessel,
the Merchant shall indemnify the Ocean Carrier against all loss or
liability which might be incurred directly or indirectly to the other or
non-carrying ship or her owners insofar as such loss or liability
represents loss of or damage to his Goods or any claim whatsoever of the
Merchant paid or payable by the other or non-carrying ship or her owners
to the Merchant and set-off, recouped, or recovered by the other or
non-carrying ship or her owners as part of their claim against the
carrying Vessel or its owner. The foregoing provisions shall also apply
where the owners, operators, or those in charge of any ship or ships or
objects other than, or in addition to the colliding ships or objects are
at fault in respect of a collision contact stranding or other accident.
29. (Carriage of Metal Products, Lumber, Cotton)
(A) The term "apparent good order and condition" when used in this Bill
of Lading does not mean:
(1) with reference to iron, steel, or metal products, that the Goods
when received were free from visible rust or moisture.
(2) with reference to lumber, timber, plywood, or other wood products,
that the Goods when received were free from visible stains, discoloration,
moisture, shakes, holes, chaffed, breakage or splitting. If the Merchant
so requests a substitute bill of lading will be issued setting forth any
notations as to the foregoing that may appear on the mate's or tally
clerk's receipts or similar document.
(B) Description of the condition of cotton cargo does not relate to the
sufficiency or not or condition of the covering nor to any damage,
resulting therefrom. Ocean Carrier shall not be responsible for any such
damage.
30. (Grain) Discharge of grain received by the Ocean Carrier in bulk may
be in port, on barges, and or lighters, or elsewhere, using or not using
elevators, and such discharge shall constitute a sufficient delivery by
the Carrier. Thereafter said grain shall be at the risk and expense of
the Merchant.
31. (Intermodal Transportation)
(A) This Bill of Lading may be issued for Intermodal Transportation in
any country. When so issued as between the Merchant and an Inland Carrier
custody and carriage of the Goods by the Inland Carrier are subject to the
relevant laws, regulations, tariffs and bill of lading are available from
the Ocean or Inland Carrier upon request.
(B) Claims by the Merchant against an Inland Carrier for loss or damage
shall be given and suit commenced as provided in the Inland Carrier's
applicable bill of lading
32. (Ocean Carrier's Tariff) This Bill of Lading is subject to the Ocean
Carrier's application tariff. Copies of the applicable tariff are
obtainable from the Ocean Carrier upon request.
33. (Severability of Terms) The terms of this Bill of Lading are
severable and if any part or term is declared invalid or unenforceable,
the validity or enforceability, of any other part or term shall not be
affected.
34. (Himalaya Clause) All exceptions, exemptions, defenses, immunities,
limitations on liability, privileges and conditions granted or provided by
this Bill of Lading or by applicable tariff or by statute or for the
benefit of the Carrier shall also apply to and for the benefit of the
officers and employees of the Carrier and the agents, officers and crew of
the Vessel and to and for the benefit of all parties performing services
in connection with the Goods as agents or contractors of the Carrier
(including, without limitation, stevedores, terminal operators and agents)
and the employees of each them.
