RULE: 8 - BILL(S) OF LADING - TERMS AND CONDITIONS Eff: 26MAR2021
| Effective | 26MAR2021 |
|---|---|
| Filed | 26MAR2021 |
| 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
Definitions
"Merchant" means and includes the Shipper, the Consignor, Consignee,
the Holder of this Bill of Lading, the Receiver and Owner of the
Goods.
"The Freight Forwarder" means the issuer of this Bill of Lading as
named on the face of it.
The headings set forth below are for easy reference only.
CONDTIONS
1. Applicability
Notwithstanding the heading "Combined Transport Bill Of Lading', the
provisions set out and referred to in this document shall also apply
if the transport as described on the face of the Bill of Lading, is
performed by one mode of transport only.
2. Issuance of the "Combined Transport Bill of Lading"
2.1 By the issuance of this "Combined Transport Bill of Lading"
a)undertakes to perform and/or in his own name to procure the
performance of the entire transport, from the place at which the
goods are taken in charge to the place place designated for delivery
in this Bill Of Lading.
b)assumes liability as set out in these Conditions.
2.2 For the purposes and subject to the provisions of this Bill of
Lading, the Freight Forwarder shall be responsible for the acts and
omissions of any person of whose services he makes use for the
performance of the contract evidenced by this Bill of Lading.
3. Negotiability and title to the goods
3.1 By accepting this Bill of the Merchant and his transferees
agree with the Freight Forwarder that, unless it is marked
"non-negotiable", it shall constitute title to the goods and the
holder, by endorsement of this Bill of Lading, shall be entitled to
receive or to transfer the good here in mentioned.
3.2 This Bill of Lading shall be orima facie evidence of the taking
in charge by the Freight Forwarder of the goods as herein described.
However, proof to the contrary shall not be admissible when this Bill
of Lading has been negotiated or transferred for valuable
consideration to a third party acting in good faith.
4. Dangerous Good and indemnity
4.1 The Merchant shall comply with rules which are mandatory
according to the national law or by reason of international
Convention, relating to the carriage of goods of a dangerous nature,
and shall in any case inform the Freight Forwarder in writing of the
exact nature of the danger, before goods of a dangerous nature are
taken in charge by the Freight Forwarder and indicate to him, if need
be, the precautions to be taken.
4.2 If the Merchant fails to provide such information and the
Freight Forwarder is unaware of the dangerous nature of the goods and
the necessary precautions to be taken and if, at any time, they are
deemed to be a hazard to life or property, they may at any place be
unloaded, destroyed or rendered harmless, as circumstances may
require, without compensation, and the Merchant shall be liable for
all loss, damage, delay or expenses arising out of their being taken
in charge, or their carriage, or of any service incidental thereto.
The burden of proving the Freight Forwarder knew the exact nature of
the danger constituted by the carriage of the said goods shall rest
upon the person entitled to the goods,
4.3 If any goods shipped with the knowledge of the Freight Forwarder
as to their dangerous nature shall become a danger to the vehicle or
cargo, they may in like manner be unloaded or landed at any place or
destroyed or rendered innocuous by the Freight Forwarder, without
liability on the part of the Freight Forwarder, except to General
Average, if any.
5. Description of Goods and Merchant's Packing
5.1 The Consignor shall be deemed to have guaranteed the Freight
Forwarder the accuracy, at the time the goods were taken in charge by
the Freight Forwarder, of the description of the goods, marks,
number, quantity weight and/or volume as furnished by him, and the
Consignor shall indemnify the Freight Forwarder against all loss,
damage and expenses arising or resulting from inaccuracies in or
inadequacy of such particulars. The right of the Freight Forwarder to
such indemnity shall in no way limit his responsibility and liability
under this Bill of Lading to any person other than the Consignor.
5.2. Without prejudice to Clause 6 (A) (2) (c), the Merchant shall be
liable for any loss, damage or injury caused by faulty or
insufficient packing of goods or by faulty loading or packing within
containers and trailers and on flats when such loading or packing has
been performed by the Merchant or on behalf of the Merchant by a
person other than the Freight Forwarder, or by the defect or
insuitability of the containers, trailers or flats, when supplied by
the Merchant, and shall indemnity the Freight Forwarder against any
additional expenses so caused.
6. Extent of Liability
A.1) The Freight Forwarder shall be liable for loss of or damage to
the goods occurring between the time when he takes the goods into his
charge and the time of delivery.
2)The Freight Forwarder shall, however, be relieved of liability
for any loss or damage if such loss or damage was caused by :
a)an act or omission of the Merchant or person other than the
Freight Forwarder acting on behalf of the Merchant or from whom the
Freight Forwarder took the goods in charge;
b) insufficiency or defective condition of the packaging or marks
and/or numbers;
c) handling, loading, stowage or unloading of the goods by the
Merchant or any person acting on behalf of the Merchant;
d) inherent vice of the goods;
e) strikes, lockout, stoppage or restraint of labour, the
consequences of which the Freight Forwarder could not avoid by the
exercise of reasonable diligence;
f)any cause or event which the Freight Forwarder could not avoid
and the consequences whereof he could not prevent by the exercise of
reasonable diligence;
g)a nuclear incident if the operator of a nuclear installation or
a person acting for him is liable for this damage under an applicable
international Convention or national law governing liability in
respect of nuclear energy.
3) The burden of proving that the loss or damage was due to one or
more of the above causes or events shall rest upon the Freight
Forwarder.
When the Freight Forwarder establishes that, in the circumstances of
the case, the loss or damage could be attributed to one or more of
the causes or events specified in
b) to d) above, it shall be presumed that it was so caused. The
claimant shall, however, be entitled to prove that the loss or damage
was not, in fact, caused wholly or partly by one or more of these
causes or events.
B. When in accordance with clause 6.A.1 the Freight Forwarder is
liable to pay compensation in respect of loss or damage to the goods
and the starge of the transport where the loss or damage occurred is
known, the liability of the Freight Forwarder in respect of such loss
or damage shall be determined by the provisions contained in any
international Convention or national, which provision.
(i)cannot be departed from by private contract, to the detriment
of claimant, and
(ii) would have applied if the Claimant had made a separate and
direct costract with the Freight Forwarder in respect of the
particular stage of transport where the loss or damage occurred and
received as evidence there of any particular document which much must
be issued in order to make such international convention or national
law applicable.
7. Paramount Clause
The Hague Rules contained in the International Convention for the
unification of certain rules relating to Bill of Lading, dated
Brussels 25th August 1924, or in those countries where they are
already in force the Hague-Visby Rules contained in the Protocol of
Brussels, dated February 23rd 1968, as enacted in the Country of
Shipment, shall apply to all carriage of goods by inland wateway
also, and such
provisions shall apply to all goods whether, carried on deck or under
deck.
8. Limitation Amount
8.1 When the Freight Forwarder is liable for compensation in respect
of loss of or damage to the goods, such compensation shall be
calculated by reference to the value of such goods at the place and
time they are delivered to the Consignee in accordance with the
contract or should have been so delivered.
8.2 The value of the goods shall be fixed according to the current
commodity exchange price, or, if there be no such price, according to
the current market price, or, if there be no commodity exchange price
or current market price, by reference to the normal value of goods of
the same kind and quality.
8.3 Compensation shall not, however, exceed 2 SDR (Special Drawing
Rights) per kilo of gross weight of the goods lost or damaged,
unless, with the consent of the Freight Forwarder, the Merchant has
declared a higher value for the goods and such higher value has been
stated in the CT Bill of Lading, in which case such higher value
shall be the limit. However. the Freight Forwarder shall not, in any
case, be liable for an amount greater than the actual loss to the
person entitled to make the claim.
9. Delay, Consequential Loss, etc.
Arrival times are not guaranteed by the Freight Forwarder. If the
Freight Forwarder is held liable in respect of delay, consequential
loss or damage other than loss of or damage to the goods, the
liability of the Freight Forwarder shall be limited to the double
freight for the transport covered by this Bill of Lading, or the
value of the goods as determined in Clause 8, whichever is the less.
10. Defences
10.1 The defences and limits of liability provided for in these
Conditions shall apply in any action against the Freight Forwarder
for loss of or damage or delay to the goods whether the action be
founded in contract or in tort.
10.2 The Freight Forwarder shall not be entitled to the benefit of
the limitation of liability provided for in paragraph 3 of Clause 8
if it is proved that the loss or damage resulted from an act or
omission of the Freight Forwarder done with intent to cause damage or
recklessly and with knowledge that damage would probably result.
11. Liability of Servants and Sub-contractors
11.1 If an action for loss of or damage to the goods is brought
against a person referred to in paragraph 2 of Clause 2, such person
shall be entitled to avail himself of the defences and limits of
liability which the Freight Forwarder is entitled to invoke under
these Conditions.
11.2 However, if it is proved that loss or damage resulted from an
act or omission of this person, done with intent to cause damage or
recklessly and with knowedge that damage would probably result, such
person shall not be entitled to benefit of limitation of liability
provided for in paragraph 3 of Clause 8.
11.3 Subject to the provisions of paragraph 2 of Clause 10 and
paragraph 2 of this Clause, the aggregate of the amounts recoverable
from the Freight Forwarder and the persons referred to in paragraph 2
of Clause 2 shall in no case exceed the limits provided for in these
Conditions.
12. Method and Route of Transportation
The Freight Fowarder reserves to himself a reasonable liberty as to
the means, route and procedure to be followed in the handling,
storage and transportation of goods.
13. Delivery
If delivery of the goods or any part thereof is not taken by the
Merchant, at the time and place when and where the Freight Forwarder
is entitled to call upon the Merchant to take delivery thereof, the
Freight Forwarder shall be entitled to store the goods or the part
thereof at the sole risk of the Merchant, where upon the liability of
the Freight Forwarder in respect of the goods or that part thereof
stored as aforesaid (as the case may be) shall wholly cease and the
cost of such storage (if paid by or payable by the Freight Forwader
or any agent or sub-contractor of the Freight Forwarder) shall forth
with upon demand be paid by the Mer-chant to the Freight Forwarder.
14. Freight and Charges
14.1 Freight shall be paid in cash without discount and, whether
prepayable or payable at destination, shall be considered as earned
on receipt of the goods and not to be returned or relinquished in any
event.
14.2 Freight and all other amounts mentioned in this Bill of Lading
are to be paid in the currency named in the Bill of Lading or, at the
Freight Forwarder's option in the currency of the country of dispatch
or destination at the highest rate of exchange for bankers sight
bills current for prepayable freight on the day of dispatch and for
freight payable at destination on the day when the Merchant is
notified of arrival of the goods there or on the date of withdrawal
of the delivery order, whichever rate is the higher, or at the option
of the Freight Forwarder on the date of the Bill of Lading.
14.3 All dues, taxes and charges or other expenses in connection with
the goods shall be paid by the Merchant.
14.4 The Merchant shall reimburse the Freight Forwarder in proportion
to the amount of freight for any costs for deviation or delay or any
other increase of costs of whatever nature caused by war, warlike
operations, epidenics, strikes, government directions or force
majeure.
14.5 The Merchant warrants the correctness of the declaration of
contents, insurance, weight, measurements or value of the goods but
the Freight Forwarder reserves the right to have the contents
inspected and the weight, measurements or value verified. If on such
inspection it is found the declaration is not correct it is agreed
that a sum equal either to five times the difference between the
correct figure and the freight charged, or to double the correct
freight less the freight charged, whichever sum is the smaller. shall
be payable as liquidated damage to the Freight Forwarder for his
inspection costs and losses of freight on other goods notwithstanding
any other sum having been stated on the Bill of Lading as freight
payable.
15. Lien
The Freight Forwarder shall have a lien on the goods for any amount
due under this Bill of Lading including storage fees and for the cost
of recovering same, and may enforce such lien in any reasonable
manner which he may think fit.
16. General Average
The Merchant shall indemnify the Freight Forwarder in respect of any
claims of a General Average nature which may be made on him and shall
provide such security as may be required by the Freight Forwarder in
this connection.
17. Notice
Unless notice of loss of or damage to the goods and the general
nature of it be given in writing to the Freight Forwarder or the
persons referred to in paragraph 2 of Clause 2, at the place of
delivery before or at the of the 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 be no apparent, within seven
consecutive days thereafter, such removal shall be prima facie
evidence of the delivery by the Freight Forwarder of the goods as
described in this Bill of Lading.
18. Non delivery
Failure to effect delivery within 90 days after the expiry of a time
limit agreed and expressed in a CT Bill of Lading or, where no time
limit is agreed and so expressed, failure to effect delivery within
90 days after the time it would be reasonable to allow for diligent
completion of the combined transport operation shall, in the absence
of evidence to the contrary, give to the party entitled to receive
delivery, the right to treat the goods as lost.
19. Time Bar
The Freight Forwarder shall be discharged of all liability under the
rules of these Conditions, unless suit is brought within nine months
after
(i) the delivery of the goods, or
(ii)the date when the goods should have been delivered, or
(iii)the date when in accordance with Clause 18, failure to
deliver the goods would, in the absence of evidence to the contrary,
give to the party entitled to receive delivery, the right to treat
the goods as lost.
20. Jurisdiction
Actions against the Freight Forwarder may only be instituted in the
country where the Freight Forwarder has his principal place of
business and shall be decided according to the law of such country.
