RULE: 8 - BILL(S) OF LADING TERMS AND CONDITIONS Eff: 06SEP2011
| Effective | 06SEP2011 |
|---|---|
| Filed | 06SEP2011 |
| 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:
TERMS AND CONDITIONS
1. DEFINITIONS
"Carrier" means CONTAINER LINE MANAGEMENT bvba as being the Carrier
and on whose behalf this Bill of Lading has been signed.
"Merchant" includes the shipper, the consignee , the receiver of the
Goods, the holder of this Bill of Lading, and person owning of
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 supplies by the Merchant and includes any
Container not supplied by or on behalf of the Carrier.
"Container" includes and container, trailer, transportable tank, lift
van, 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 Port to Port.
"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 sport within the area of the port so nominated.
"Hague Rules" means the provisions of the International Convention
for Unification of certain Rules relating to Bills 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 expense 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, loaded or secured.
An endorsement on this Bill of Lading that the Goods are "On Board"
shall mean, that the goods are loaded on board the ocean vessel named
in this Bill of Lading, or loaded on board rail cars, trucks,
lorries, feeder ships, barges, or other means of transportation and
are in the custody of and Inland or ocean Carrier for Through
Transportation in accordance with the terms of this Bill of Lading.
2. 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.
3. 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.
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 this 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 per-son of vessel whatsoever, other than 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, wether
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
provisions, does so 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 deemed to be parties to this contract.
(3) 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 Goods insofar as such claim
or liability exceeds the Carrier's liability under this Bill of
Lading.
(4) The defences and limits of liability provided for 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 RESPONSIBLILTY
(1) CLAUSE PARAMOUNT
(A) Subject to clause 13 below, this Bill of Lading insofar as it
relates 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 of the Hague-Visby Rules compulsorily applicable
(such as COGSA or COGWA) to this Bill of Lading and the provisions of
the Hague Rules or ap-plicable 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
carriage by sea in such Rules or legislation shall be deemed to
include reference to inland waterways. If and to the extent that the
provisions to 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 responsiblity shall be
subject to COGSA.
(B) The Carrier shall be entitled to (and nothing in this Bill of
Lading shall operate to deprive or limit such entitlement) the full
benefit of, and rights to, all limitations and exclusions of
liability and all rights conferred or authorised by any applicable
law, statute or regulation of any country (including, but not limited
to, where applicable any provisions of sections 4281 to 4287,
inclusive, of the Revised Statutes of the United States of America
and amendments thereto and where applicable any provisions of the
laws of the United States of America) and without prejudice to the
generality of the foregoing also any law, statute or regulation
available to the Owner of the vessel(s) on which the Goods are
carried.
(2) 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 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, hand-ling
or anyother 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
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 of or damage to the Goods occurring form the
time the Goods are 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 of
liability under the Rules or legislation that would have applied
under 6 (1) (A) above had the loss of damage oc-curred at sea or, if
there was no carriage by sea, under the Hague Rules (or 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 of 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 arises 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 inter-national 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 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 or carriage and
tariffs and any law compulsorily applicable. The Carrier guarantees
the fulfillment of such inland carriers' obligati-ons 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 anyother 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 legis lation. Such limitation amount
according to COGSA is US $ 500 and according to COGWA is Can $ 500.
If no limitation amount is applicable under such Rules or
legislation, the limitation 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 and 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 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 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
compulsorily applicable, the period prescribed by such convention or
law shall then apply but in that circumstance 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 laws, regulations
and requirements of customs, port 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,
incor-rect or insufficient marking, numbering or addressing of the
Goods.
(3) The Merchant undertakes that the Goods are packed in a maner
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 without 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 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 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 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 Connec-tion 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 co-vered by (A)
above exept for (A) (III) (a) above,
(4) Where the Carrier is instructed to provide a Container, in the
absence of 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 indicated-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 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.
10. INSPECTION OF GOODS
The Carrier or any person authorised by the Carrier shall be
entitled, but under no obliga-tion, 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 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 reason ably 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 to the 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 Carri-age 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 acts 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 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
trans-shipping 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
Port of Loading or Port of Discharge); comply with any orders or
recommendations given by any government or au-thority 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 ot be towed 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 or degree.
13. 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 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.
14. NOTIFICATION AND DELIVERY
(A) Any mention herein of parties to be notified of the arrival of
the Goods is solely for information of the Carrier, and failure to
give such notification shall not involve the Carrier in any liability
nor relieve the Merchant of any obligation hereunder.
(B) 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 hereof 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 the liability of the
Carrier in respect of the Goods or that part thereof shall cease.
15. 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)
vessel or person in respect of any loss of, or damage to, or any
claim whatsoever of the Mer-chant 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.
16. GENERAL AVERAGE
(1) General average shall be adjusted at Antwerp according to the
York-Antwerp-Rules of 1974.
(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 contributions due
to the Merchant.
17. 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 of stay of exe-cution.
18. LIEN
The Carrier shall have a lien on the Goods and any documents relating
thereto for all sums whatsoever due at any time to the Carrier from
the Merchant and for General Aver-age 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.
19. 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.
20. 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 provi-sion were not contained
herein.
21. "INSPECTION BY AUTHORITIES"
"If by order of the authorities at any place, a container has to be
opened for the goods to be inspected, the Carrier will not be liable
for any loss or damage incurred as a result of any opening,
unpacking, inspection or repacking. The Carrier shall be entitled to
recover the cost of such opening, unpacking, inspection and repacking
from the Merchant".
