RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 28MAR2020
| Effective | 28MAR2020 |
|---|---|
| Filed | 28MAR2020 |
| 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:
Standard Condition Governing Multimodal Transport Documents Issued in
accordance with multimodal Transportation of Goods Act, 1993.
1.DEFINITIONS
Multimodal Transport Operator (hereinafter called carrier) means the
Company stated on the face of this Bill of Lading.
Merchant includes the shipper, Consignee, the Holder of this Bill of
Lading, any person owning or entitled to the possession of the Goods
or this Bill of Lading.
Goods includes the cargo supplied by Merchant and includes any
Container not supplied by or on behalf of the carrier.
Container includes any container, trailer, transportable tank, lift
van, flat, pallet or any similar article of transport used to
consolidate goods.
Multimodal transport means carrier undertakes to transport the Goods
against the payment of freight for the entire transport from the
place where the Goods were received in his charge to the destination
and to deliver them to the consignee by or two or more different
modes of transport, one of which being sea carriage. 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 and place or
spot within the area of the port so nominated.
Charges includes freight and all expenses and money obligations
incurred and payable by the merchant.
2.AppIicabiIity
Notwithstanding this is the Multimodal Transport B/L, it shall also
apply if only carriage of goods by sea is used.
3.Jurisdiction and Applicable Law Any dispute arising under and/or in
connection with this B/L shall be determined by the law of the
People's Republic of China and any action under and/or in connection
with the B/L shall be brought before the Maritime Court in the
People's Republic of China.
4.Carrier'S TARIFF
The provisions of the carrier's applicable Tariff, if any, are
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.
5.WARRANTY
The Merchant warrants that in agreeing to the terms hereof he is 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.
6.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 shall defend, indemnify and hold harmless the
carrier against any claim or liability (and any expense arising
therefrom) arising from the Carriage of the Goods insofar as such
claim or liability exceeds the carrier's liability under this Bill of
Lading.
(3)The defenses 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.
7.Carrier'S RESPONSIBILITY
(1)PORT TO PORT SHIPMENT
The responsibility of the carrier is limited to that part of the
Carriage from and during loading onto 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 Carnage 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 or others and the carrier may as such agent enter into
contracts with others on any terms whatsoever including terms less
favorable than the terms in this Bill of Lading.
(2) MULTlMODAL TRANSPORT
Save as is otherwise provided in this Bill of Lading, the carrier
shall be liable for loss of 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, the carrier shall be entitled to rely upon all
exclusions of liability under the Rules or legislation that would
have applied the loss or damage occurred at sea.
(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 county 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 stage 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 7(2)(A).
(3) 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.
The carrier's liability for the loss of or damage to the Goods shall
be limited to an amount equivalent to 666.67 Units of Account per
package or other shipping unit, or 2 Units of Account per kilogramme
of the gross weight of the Goods lost or damaged, whichever is the
higher, except where the nature and value of the Goods had been
declared by the shipper before shipment and inserted in the bill of
lading, or where a higher amount that the amount of limitation of
liability set out in this Article had been agreed upon between the
carrier and the Shipper.
Where a container, pallet or similar article of transport is used to
consolidate goods, the number of packages or other shipping units
enumerated in the bill of lading as packed in such article of
transport shall be deemed to be the number of packages or shipping
units. If not so enumerated, the Goods in such article of transport
shall be deemed to be one package or one shipping unit. Where the
article of transport is not owned or furnished by the carrier, such
article of transport shall be deemed to be one package or one
shipping unit.
(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 carriers 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
carriier, 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 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 a waiver 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 condition is not a representation that such
conditions of rust, oxidation or the like did not exist on receipt.
(F) Notice of Loss 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 lost or
damage, shall have been given in writing to the carrier or to his
time of removal of the Goods into the custody of the person entitled
to delivery thereof under this Bill of Lading or to his
representative at the place of delivery before at the time of removal
of the Goods into the custody of the person entitled to delivery
hereof 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 within notice thereof received by the
carrier within 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 contrary to any convention or law compulsory
applicable the period prescribed by such convention or law shall then
apply but in that circumstance only.
8.MERCHANTS 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 laws, regulations
and requirements of customs, and 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
or 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 outside 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 with such written consent
and marking or if in 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 fight to Charges.
(5) The Merchant shall be liable for the loss, damage,
contamination, soiling, detention or demurrage before, during and
after Carnage of property (including, but not limited to Containers)
of the carrier or any person or vessel (other than the Merchant)
referred to in 8(2) above caused by the Merchant or 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
10 or from any cause in connection with the Goods for which the
carrier is not responsible.
9.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 Cariage 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 pan 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 on or more of the matters covered by (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.
10. 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 precooled, 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 loss 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 any
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 efficient state.
11. INSPECTION OF GOODS
The carrier or any person authorized by the carrier shall be
entitled, but under no obligation, to open any Container or package
at any time and to inspect the Goods.
12. 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 the condition of the Goods), whensoever 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
cease 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.
13.METHODS AND ROUTE OF TRANSPORTATION
(1) The carrier may at any time and without notice to the Merchant:
use any means of transport or storage 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
transshipping 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 or unload the Goods from any conveyance at any place
(whether or not the place is a port named on the front hereof as the
intended Port of Loading or intended Pod 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
orders or directions; permit the vessel to proceed with or without
pilots, to tow or be owed or to be dry-docked; permit the vessel to
carry livestock, Goods 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 a deviation of whatsoever
nature degree.
14. DECK CARGO (AND LIVESTOCK)
(1) Goods of any description whether containerized 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.
(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 livestock,
(whether 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 incurred for any reason whatsoever in
connection with carriage of such livestock.
15. DELIVERY OF GOODS
If delivery of the Goods or any part thereof 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 to 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 liability of the
carrier in respect of the Goods or that part thereof shall cease.
16. BOTH-TO-BLAME COLLISION
If the vessel on which the 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, object or 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 at any place
at the option of the carrier and the Amended Jason Clause as approved
by BIMCO 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
expenses 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 contributions due
to the Merchant.
18. CHARGES
(1) Charges shall be deemed fully earned on receipt of 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
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 such invalid or unenforceable provision were not contained
herein.
22. LAW AND JURISDICTION
All disputes in any way relating to this Bill of Lading shall be
determined by the United States District Court for NEW YORK CITY, NY
for Federal matters and the courts of NEW YORK CITY, NY for state
jurisdiction to the exclusion of the jurisdiction of any other courts
in the United States or the courts of any other county PROVIDED
ALWAYS that the Carrier in its absolute and sole discretion invoke or
voluntarily submit to the jurisdiction of any other court which, but
for the terms of this Bill of Lading, could properly assume
jurisdiction to hear and determine such disputes, but such shall not
constitute a waiver of the terms of this provision in any other
instance.
