RULE: 8 - BILL(S) OF LADING - TERMS AND CONDITIONS Eff: 16DEC2024

Effective 16DEC2024
Filed 16DEC2024
Filing Codes C

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  "Carrier" means the party on whose behalf the Bill of
 Lading has been signed.  "Merchant" includes the Shipper,the
 consignee,the receiver of the Goods, the holder of this Bill of Lading,
 any person owning or entitled to the possession of the Goods or this Bill
 of Lading, any person having a present or future interest in the Goods or
 any person acting on behalf of any of the above mentioned persons.
 "Goods" includes the cargo supplied by the Merchant and includes any
 Container not supplied by or on behalf of the Carrier.  "Container"
 includes any container, trailer, transportable tank, lift vam, flat,
 pallet or any similar article of transport used to consolidate goods.
 "Carriage" means the whole of the operations and services undertaken or
 performed by or on behalf of the Carrier in respect of the Goods.
 "Combined Transport" arises where the Carriage called for by this Bill of
 Lading is not a Port of Part Shipment.  "Port to Port Shipment" arises
 where the Place of Receipt and the Place of Delivery are not indicated on
 the front of this Bill of Lading or if both the Place of Receipt and the
 place of Delivery indicated are ports and the Bill of Lading does not in
 the nomination of the Place of Receipt or the Place of Delivery on the
 front hereof specify any place or spot within the area of the port so
 nominated.  "Hague Rules" means the provisions of the international
 Convention for Unification of certain Rules relating to Bill of Lading
 signed at Brussels on 25th August 1924.  "Hague Visby Rules" means the
 Hague Rules as amended by the Protocol signed at Brussels on 23rd
 February 1968.  "COGSA" means the Carriage of Goods by Sea Act of the
 United States of America approved on 16th April 1936.  "COGWA" means the
 Carriage of Goods by Water Act 1936 of Canada. "Charges" includes freight
 and all expenses and money obligations incurred and payable by the
 Merchant.  "Shipping Unit" includes freight unit and the term "unit" as
 used in the Hague Rules and Hague Visby Rules  "Person" includes an
 individual, a partnership, a body corporate or other entity,  "Stuffed"
 includes filled, consolidated, packed, loading or secured. 
 
2. CARRIER'S TARIFF The provisions of the Carrier's applicable Tariff, if
 any, incorporated herein. Copies of such provisions are obtainable from
 the Carrier or his agents upon request or, where applicable, from a
 government body with whom the Tariff has been filed. In the case of
 inconsistency between this Bill of Lading and the applicable Tariff, this
 Bill of Lading shall prevail. 
 
3. WARRANTY The Merchant Warrants that in agreeing to the terms hereof he
 or is the agent of and has the authority of the person owning or entitled
 to the possession of the Goods or any person who has a present or future
 interest in the Goods. 
 
4. NEGOTIABILITY AND TITLE TO THE GOODS
 
(1) This Bill of Lading shall be non-negotiable unless made out "to
 order", in which event it shall be negotiable and shall constitute title
 to the Goods and the holder shall be entitled to receive or to transfer
 the Goods herein described.
 
(2) This Bill of Lading shall be prima facie evidence of the taking in
 charge by the Carrier of the Goods as herein described. However, proof to
 the contrary shall not be admissible when the Bill of Lading has been
 negotiated or transferred for valuable consideration to a third party
 acting in good faith. 
 
5. CERTAIN RIGHTS AND IMMUNITIES FOR THE CARRIER AND OTHER PERSONS
 
(1) The Carrier Shall be entitled to sub-contract on any terms the whole
 or any part of the Carriage
 
(2)The Merchant undertakes that no claim or allegation shall be made
 against any person or vessel whatsoever other that the Carrier including,
 but not limited to, the Carrier's Servants or agents any independent
 contractor and his servants or agents, and all others by whom the whole
 or any part of the Carriage, whether directly or indirectly is procured,
 performed or undertaken, which imposes or attempts to impose upon any
 such person or vessel any liability whatsoever in connection with the
 Goods or the Carriage and if any claim or allegation should nevertheless
 be made to defend, indemnify and hold harmless the Carrier against all
 consequences thereof. Without prejudice to the foregoing every such
 person and vessel shall have the benefit of all provisions herein
 benefiting the Carrier as if such provisions were expressly for his
 benefit and in entering into this contract the Carrier, to the extent of
 these provision does not only on his own behalf but also as agent or
 trustee for such persons and vessels and such persons and vessels shall
 to this extent be or be demand to the parties to this contracts
 
(3) The Merchant shall defend, indemnify and hold harmless the Carrier
 against and claim or liability (and any expense aring therefrom) arising
 from the Carriage of the Goods in so far as such claim or liability
 exceeds the Carrier's liability under this Bill of Lading.
 
(4) The defences and limits of liability provided for in this Bill of
 Lading shall apply in any action against the Carrier whether the action
 be found in Contract or in Tort. 
 
6. CARRIER'S RESPONSIBILITY
 
(1) CLAUSE PARAMOUNT
 
(A) Subject to clauses 13 below this Bill of Lading in so far as it
 restates to sea carriage by any vessel whether named herein or not shall
 have effect subject to the hague Rules or any legislation making such
 Rules or the Hague-Vichy Rules compulsorily applicable (such as COGSA or
 COGWA) to this Bill of Lading and the provisions of the Hague Rules or
 applicable legislation shall be deemed incorporated herein. The Hague
 Rules (or COGSA or COGWA if this Bill of Lading is subject to U. S. or
 Canadian law respectively) shall apply to the carriage of Goods by inland
 waterways and reference to the carriage by sea in such Rules of
 Legislation shall be deemed to include reference to inland waterways. If
 and to the extent that the provisions of the Harter Act of the United
 States of America 1893 would otherwise be compulsorily applicable to
 regulate the Carrier's responsibility for the Goods during any period
 prior to loading on or after discharge from the vessel the Carrier's
 responsibility shall instead be determined by the provisions of 6(3)
 below, but if such provisions are found to be invalid such responsibility
 shall be subject to COGSA 
 
(2) PORT TO PORT SHIPMENT The responsibility of the Carrier is limited to
 that part of the Carriage from and during loading on to the vessel up to
 and during discharge from the vessel and the Carrier shall not be liable
 for any loss or damage whatsoever in respect of the Goods or for any
 other matter arising during any other part of the Carriage even though
 charges for the whole Carriage have been charged by the carrier. The
 Merchant constitutes the Carrier as agent to enter into contracts on
 behalf of the Merchant with others for transport, storage, handling or
 any other services in respect of the Goods prior to loading and
 subsequent to discharge of the Goods from the vessel without
 responsibility for any act or omission whatsoever on the part of the
 Carrier for others and the Carrier may as such agent enter into contracts
 with others on any terms whatsoever including terms less favourable than
 the terms in this Bill of Lading. 
 
(3) COMBINED TRANSPORT Save as is otherwise provided in this Bill of
 Lading, the Carrier shall be liable for loss or damage to the Goods
 occurring from the time that the Goods are taken into his charge until
 the time of delivery to the extent set out below
 
(A) Where the stage of Carriage where the loss or damage occurred cannot
 be proved:
 
(i) The Carrier shall be entitled to rely upon all exclusions from
 liability under the Rules or legislation that would have been applied
 under 6(1)A above had the loss or damage occurred at sea or, if there was
 no carriage by sea, under the Hague Rules (for COGSA or COGWA if this
 Bill of Lading is subject to U.S or Canadian law respectively)
 
(ii) Where under (i) above, the Carrier is not liable in respect of some
 of the factors causing the loss or damage, he shall only be liable to the
 extent that those factors for which he is liable have contributed to the
 loss or damage
 
(iii) Subject to 6(4) (C) below, where the Hague Rules or any legislation
 applying such Rules or the Hague-Visby Rules (such as COGSA or COGWA) is
 not compulsorily applicable, the Carrier's liability shall not exceed
 US$2.00 per kilo of the gross weight of the Goods lost, damaged or in
 respect of, which the claim asisises or the value of such Goods,
 whichever is the lesser
 
(iv) The value of the Goods shall be determined according to the commodity
 exchange price at the place and time of delivery to the Merchant or at
 the place and time when they should have been so delivered or if there is
 no such price according to the current market price by reference to the
 normal value of Goods of the same kind and quality at such place and
 time. 
 
(B) Where the stage of Carriage where the loss or damage occurred can be
 proved:
 
(i) the liability of the Carrier shall be determined by the provisions
 contained in any international convention or national law of the country
 which provisions
 
(a) cannot be departed from by private contract to the detriment of the
 Merchant and
 
(b) would have applied if the Merchant had made a separate and direct
 contract with the Carrier in respect of the particular state of Carriage
 where the loss or damage occurred and had received as evidence thereof
 any particular document which must be issued in order to make such
 international convention or national law applicable
 
(ii) with respect to the transportation in the United States of America or
 in Canada to the Port of Loading or from the Port of Discharge, the
 responsibility of the Carrier shall be to procure transportation by
 carriers (one or more) and such transportation shall be subject to the
 inland carriers' contracts of carriage and tariffs and any law
 compulsorily applicable. The Carrier guarantees the fulfilment of such
 inland carriers' obligations under their contracts and tariffs
 
(iii) Where neither (i) or (ii) above apply, any liability of the Carrier
 shall be determined by 6(3) (A) above. 
 
(4) GENERAL PROVISIONS
 
(A) Delay, Consequential Loss Save as otherwise provided herein, the
 Carrier shall in no circumstances be liable for direct, indirect or
 consequential loss or damage caused by delay or any other cause
 whatsoever and howsoever caused. Without prejudice to the foregoing, if
 the Carrier is found liable for delay, liability shall be limited to the
 freight applicable to the relevant stage of the transport 
 
(B) Package or Shipping Unit Limitation Where the Hague Rules or any
 legislation making such Rules compulsorily applicable (such as COGSA or
 COGWA) to this Bill of Lading apply, the Carrier shall not, unless a
 declared value has been noted in accordance with (C) below, be or become
 liable for any loss or damage to or in connection with the Goods in an
 amount per package or shipping unit in excess of the package or shipping
 unit limitation as laid down by such Rules or legislation. Such
 limitation amount according to COGSA is US$ 500 and according to COGWA is
 CA $ 500. If no limitation amount is applicable under such Rules or
 legislation, the limitations shall be US$500.(C) Ad Valorem Declared
 value of Package or Shipping Unit  The Carrier's liability may be
 increased to a higher value by a declaration in writing of the value of
 the Goods by the Shipper upon delivery to the Carrier of the Goods for
 shipment, such higher value being inserted on the front of this Bill of
 Lading in the space provided and if required by the Carrier, extra
 freight paid. In such case, if the actual value of the Goods shall exceed
 such declared value, the value shall nevertheless be deemed to be the
 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. 
 
(D) Definition of Package or Shipping Unit Where a Container is used to
 consolidate Goods and such Container is stuffed by the Carrier, the
 number of Packages or shipping units stated on the face of this Bill of
 Lading in the box provided shall be deemed the number of packages or
 shipping units for the purpose of any limit of liability per package or
 shipping unit provided in any international convention or national law
 relating to the carriage of Goods by sea. Except as aforesaid the
 Container shall be considered the package or shipping unit.  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. As to Goods
 shipped in bulk, the limitation applicable thereto shall be the
 limitation provided in such convention or law which may be applicable and
 in no event shall anything herein be construed to be awaiver of
 limitation as to Goods shipped in bulk. 
 
(E) Rust, etc. 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 Goods and acknowledgement of receipt of the Goods in
 apparent good order and conditions not a representation that such
 conditions of rust, oxidation or the like did not exist on receipt. 
 
(F) Notice of Loss or Damage The Carrier shall be deemed prima facie to
 have delivered the Goods as described in this Bill of Lading unless
 notice of loss of or damage to the Goods, indicating the general nature
 of such loss or damage shall have been given in writing to the Carrier or
 to his representative at the place of delivery before or at the time of
 removal of the Goods into the custody of the person entitled to delivery
 thereof under this Bill of Lading or, if the loss or damage is not
 apparent, within three consecutive days thereafter. 
 
(G) Time bar The Carrier shall be discharged of all liability unless suit
 is brought in the proper forum and written notice thereof received by the
 Carrier with in nine months after delivery of the Goods or the date when
 the Goods should have been delivered in the event that such time period
 shall be found contry to any convention or law compulsorily applicable,
 the period prescribed by such convention or law shall then apply but in
 that circumstances only. 
 
7. MERCHANT'S RESPONSIBILITY
 
(1) The description and particulars of the Goods set out on the face
 hereof are furnished by the Merchant and the Merchant warrants to the
 Carrier that the description and particulars including, but not limited
 to, of weight, content, measure, quantity, quality, condition, marks,
 numbers and value are correct.
 
(2) The Merchant shall comply with all applicable law, regulations and
 requirements of customs, port an other authorities and shall bear and pay
 all duties, taxes, fines, imposts, expenses and losses incurred or
 suffered by reason thereof or by reason of any illegal incorrect for
 insufficient marking, numbering or addressing of the Goods.
 
(3) The Merchant undertakes that the Goods are packed in a manner adequate
 to withstand the ordinary risks of Carriage having regard to their nature
 and in compliance with all laws, regulations and requirements which may
 be applicable.
 
(4) No Goods which are or may become dangerous, inflammable or damaging or
 which are or may become liable to damage any property or person
 whatsoever shall be tendered to the Carrier for Carriage without the
 Carrier's express consent in writing and without the Container or other
 covering in which the Goods are to be transported and the Goods being
 distinctly marked on the out side so as to indicate the nature and
 character of any such articles and so as to comply with all applicable
 laws, regulations and requirements. If any such articles are delivered to
 the Carrier without such written consent and marking or if the opinion of
 the Carrier the articles are or are liable to become of a dangerous,
 inflammable or damaging nature, the same may at any time be destroyed,
 disposed of, abandoned, or rendered harmless without compensation to the
 Merchant and without prejudice to the Carrier's right to Charges.
 
(5) The Merchant shall be liable for the loss, damage, contamination,
 soiling, detention or demurrage before, during and after the Carriage of
 property (including, but not limited to, Containers) of the Carrier or
 any person or vessel (other than the Merchant) referred to in 5(2) above
 caused by the Merchant of any person acting on his behalf or for which
 the Merchant is otherwise responsible.
 
(6) The Merchant shall defend, indemnify and hold harmless the Carrier
 against any loss, damage, claim, liability or expense whatsoever arising
 from any breach of the provisions of this clause 7 or from any cause in
 connection with the Goods for which the Carrier is not responsible. 
 
8. CONTAINERS
 
(1) Goods may be stuffed by the Carrier in or on Containers and Goods may
 be stuffed with other Goods.
 
(2) The terms of this Bill of Lading shall govern the responsibility of
 the Carrier in connection with or arising out of the supply of a
 Container to the Merchant, whether supplied before or after the Goods are
 received by the Carrier or delivered to the Merchant.
 
(3) If a Container has been stuffed by or on behalf of the Merchant
 
(A) the Carrier shall not be liable for loss of or damage to the Goods
 
(i) caused by the manner in which the Container has been stuffed;
 
(ii) caused by the unsuitability of the Goods for carriage in Containers;
 
(iii) caused by the unsuitability or defective condition of the Container
 provided that where the Container has been supplied by or on behalf of
 the Carrier, this paragraph (iii) shall only apply if the unsuitability
 or defective condition arose
 
(a) without any want of due diligence on the part of the Carrier or (b)
 would have been apparent upon reasonable inspection by the Merchant at or
 prior to the time when the Container was stuffed;
 
(iv) if the Container is not sealed at the Commencement of the Carriage
 except where the Carrier has agreed to seal the Container.
 
(B) the Merchant shall defend, indemnify and hold harmless the Carrier
 against any loss, damage, claim, liability or expense whatsoever arising
 from one or more of the matters covered by (A) above except for (A) (iii)
 (a) above,
 
(4) Where the Carrier is instructed to provide a Container, in the absence
 of a written request to the contrary, the Carrier is not under an
 obligation to provide a Container of any particular type or quality. 
 
9. TEMPERATURE CONTROLLED CARGO
 
(1) The Merchant undertakes not to tender for transportation any Goods
 which require temperature control without previously giving written
 notice (and filling in the box on the front of this Bill of Lading if
 this Bill of Lading has been prepared by the Merchant or a person acting
 on his behalf) of their nature and particular temperature range to be
 maintained and in the case of a temperature controlled Container stuffed
 by or on behalf of the Merchant further undertakes that the Container has
 been properly pre-cooled that the Goods have been properly stuffed in the
 Container and that its thermostatic controls have been properly set by
 the Merchant before receipt of the Goods by the Carrier.  If the above
 requirements are not complied with the Carrier shall not be liable for
 any losses of or damage to the Goods caused by such non-compliance. 
 
(2) The Carrier shall not be liable for any loss of or damage to the Goods
 arising from defects, derangement, breakdown, stoppage of the temperature
 controlling machinery plant, insulation or an apparatus of the Container,
 provided that the Carrier shall before or at the beginning of the
 Carriage exercise due diligence to maintain the refrigerated Container in
 an refficient state. 
 
10. INSPECTION OF GOODS The Carrier or any person authorised by the
 Carrier shall be entitled, but under no obligation, to open any Container
 or package at any time and to inspect the Goods. 
 
11. MATTERS AFFECTING PERFORMANCE
 
(1) If at any time the Carriage is or is likely to be affected by any
 hindrance, risk, delay, difficulty or disadvantage of any kind (including
 condition of the Goods), whatsoever and howsoever arising (whether or not
 the Carriage has commenced) the Carrier may:
 
(A) without notice to the Merchant abandon the Carriage of the Goods and
 where reasonably possible place the Goods or any part of them at the
 Merchant's disposal at any place which the Carrier may deem safe and
 convenient, whereupon the responsibility of the Carrier in respect of
 such Goods shall cease:
 
(B) without prejudice to the Carrier's right subsequently to abandon the
 Carriage under (A) above continue the Carriage. In any event the Carrier
 shall be entitled to full Charges on Goods received for Carriage and the
 Merchant shall pay any additional costs resulting from the above
 mentioned circumstances.
 
(2) The liability of the Carrier in respect of the Goods shall cause on
 the delivery or other disposition of the Goods in accordance with the
 orders or recommendations given by any government or authority or any
 person acting or purporting to act as or on behalf of such government or
 authority 
 
12. METHODS AND ROUTE OF TRANSPORTATION
 
(1) The Carrier may at any time and without notice to the Merchant: Use
 any means of transport storage or whatsoever, load or carry the Goods on
 any vessel whether named on the front hereof or not transfer the Goods
 from one conveyance to another including transhipping or carrying the
 same on another vessel than that named on the front hereof or by any
 other means of transport whatsoever: at any place unpack and remove Goods
 which have been stuffed in or on a Container and forward the same in any
 manner whatsoever proceed at any speed and by any route in his discretion
 (whether or not the nearest or most direct or customary or advertised
 route) and proceed to or stay at any place whatsoever once or more often
 and in any order; load 
 
13. METHODS AND ROUTE OF TRANSPORTATION port named on the front hereof as
 the intended Port of Loading or intended Port of Discharge); comply with
 any orders or recommendations given by any government or authority or any
 person or body acting or purporting to act as or on behalf of such
 government or authority or having under the terms of the insurance on the
 conveyance employed by the Carrier the right to give order of directions;
 permit the vessel to proceed with or without pilots, to tow or be towed
 or to be dry docked, permit the vessel to carry livestock, munitions or
 warlike stores of all kinds dangerous or otherwise contraband,
 explosives, munitions or warlike stores and sail armed or unarmed.
 
(2) The liberties set out in (1) above may be invoked by the Carrier for
 any purposes whatsoever whether or not connected with the Carriage of the
 Goods Anything done in accordance with (1) above or any delay arising
 therefrom shall be deemed to be within the contractual Carriage and shall
 not be deviation of whatsoever nature or degree. 
 
14. DECK CARGO (AND LIVESTOCK)
 
(1) Goods of any description whether containerised or not may be stowed on
 or under deck without notice to the Merchant and such stowage shall not
 be a deviation of whatsoever nature or degree. Subject to (2) below, such
 Goods whether carried on deck or under deck shall participate in General
 Average and such Goods (other than livestock) shall be deemed to be
 within the definition of Goods for the purposes of the Hague Rules or any
 legislation making such Rules or the Hague- Visby Rules compulsorily
 applicable (such as COGSA Or COGWA) to this Bill of lading 
 
(2) Goods (not being Goods stuffed in or on Containers other than open
 flats or pallets) which are stated on the front of this Bill of Lading to
 be carried on deck and which are so carried (and lives lock, whether or
 not carried or not carried on deck ) are carried without responsibility
 on the part of the Carrier for loss or damage of whatsoever nature
 arising during carriage by sea or inland waterway whether caused by
 unseaworthiness or negligence or any other cause whatsoever. The Merchant
 shall defend, indemnify and hold harmless the Carrier against all and any
 extra cost incured for any reason whatsoever in regard to all and any
 extra cost incurred for any reason whatsoever in connection with Carriage
 of livestock. 
 
15. DELIVERY OF GOODS If delivery of the Goods or any part of is not taken
 by the Merchant at the time and place when and where the Carrier is
 entitled to call upon the Merchant to take delivery thereof, the Carrier
 shall be entitled without notice to remove from a Container the Goods or
 that part thereof if stuffed in or on a Container and store the Goods or
 that part thereof ashore, afloat, in the open or under cover at the sole
 risk and expense of the Merchant. Such storage shall constitute due
 delivery hereunder, and thereupon Carrier in respect of the Goods or that
 part thereof shall cause. 
 
16. BOTH-TO-BLAME COLLISION If the vessel on which Goods are carried (the
 carrying vessel) comes into collision with any other vessel or object
 (the non-carrying vessel or object) as a result of the negligence of the
 non-carrying vessel or object or the owner of charterer of or person
 responsible for the non-carrying vessel or object, the Merchant
 undertakes to defend, indemnify and hold harmless the Carrier against all
 claims by or liability to (and any expense arising therefrom) any vessel
 or person in respect of any loss of. or damage to or any claim whatsoever
 of the Merchant paid or payable to the Merchant by the non-carrying
 vessel or object or the owner of charterer of or person responsible for
 the non-carrying vessel or object and set-off, recouped or recovered by
 such vessel, objector person(s) against the Carrier, the carrying vessel
 or her owners or charterers. 
 
17. GENERAL AVERAGE
 
(1) The Carrier may declare General Average which shall be adjustable
 according to the York/Antwerp Rules of 1974 by any place at the option
 off the Carrier and the amended jason Clause as approved by BIMICO is to
 be considered as incorporated herein and the Merchant shall provide such
 security as may be required by the Carrier in this connection.
 
(2) Notwithstanding (1) above, the Merchant shall defend, indemnify and
 hold harmless the Carrier in respect of any claim (and any expense
 arising therefrom) of a General Average nature which may be made on the
 Carrier and shall provide such security as may be required by the Carrier
 in this connection.
 
(3) The Carrier shall be under no obligation to take any steps whatsoever
 to collect security for General Average contribution due to the Merchant. 
 
18. CHARGES
 
(1) Charges shall be deemed fully earned on receipt on the Goods by the
 Carrier and shall be paid and non-returnable in any event.
 
(2) The Charges have been calculated on the basis of particulars furnished
 by or on behalf of the Merchant. The Carrier shall be entitled to
 production of the commercial invoice for the Goods or true copy thereof
 and to inspect, reweigh, remeasure and revalue the Goods and if the
 particulars are found by the Carrier to be incorrect the Merchant shall
 pay the carrier the correct Charges (credit being given for the Charges
 charged) and the costs incurred by the Carrier in establishing the
 correct particulars.
 
(3) All charges shall be paid without any set off, counter-claim,
 deduction or stay of execution. 
 
19. LIEN The Carrier shall have a lien on Goods and any documents relating
 thereto for all sums whatsoever due at any time to the Carrier from the
 Merchant and for General Average contributions to whomsoever due and for
 the costs of recovering the same and the Carrier shall have the right to
 sell the Goods and documents by public auction or private treaty, without
 notice to the Merchant and at the Merchant's expense and without any
 liability towards the Merchant. 
 
20. VARIATION OF THE CONTRACT No servant or agent of the Carrier shall
 have power to waive or vary any of the terms hereof unless such waiver or
 variation is in writing and is specifically authorised or ratified in
 writing by a director or officer of the Carrier who has the actual
 authority of the Carrier so to waive or vary. 
 
21. PARTIAL INVALIDITY If any provision in this Bill of Lading is held to
 be invalid or unenforceable by any court or regulatory or self regulatory
 agency or body, such invalidity or unenforceability shall attach only to
 such provision. The validity of the remaining provisions shall not be
 affected thereby and this Bill of Lading contract shall be carried out as
 if invalid or unenforceable provision were not contained herein. 
 
22. LAW & JURISDICTION Any claim or dispute in connection with the
 carriage of goods under this Bill of Lading may only be instituted in the
 country where the Carrier has his principal place of business and shall
 be decided according to the law of such country.

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