RULE: 8 - BILL(S) OF LADING - TERMS AND CONDITIONS Eff: 27MAR2020
| Effective | 27MAR2020 |
|---|---|
| Filed | 27MAR2020 |
| 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:
Combined Transport Bill of Lading
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.
2. (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.
3. (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.
4. (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.
5. (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.
6. (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.
7. (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 o 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) (1) 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.
8. (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 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.
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, including 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)
(A) The Ocean Carrier shall have a lien on the Goods, which shall
survive delivery, for all freight, dead freight, demurrage, damages,
loss, charges, expenses, and any other sums (including costs, customs
fees, attorney fees, and other fees for recovering the sums)
chargeable to the Merchant under this Bill of Lading and any
preliminary contract for custody or carriage of the Goods. Ocean
Carrier may foreclose the lien by selling the Goods without notice to
the Merchant privately or by public auction. If on sale of the Goods
the proceeds fail to cover the amount due and the costs and fees
incurred, the Ocean Carrier shall be entitled to recover the deficit
from the Merchant.
(B) If the Goods are unclaimed during a reasonable time, or
whenever in the Ocean Carrier's opinion the Goods will become
deteriorated, decayed or worthless, the Ocean Carrier (without
responsibility to it) may at its discretion and subject to its lien,
sell, abandon, or otherwise dispose of such Goods at the sole risk
and expense of the Merchant.
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 statue 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.LE
