RULE: 8 - BILL(S) OF LADING Eff: 30Dec1993
| Effective | 30Dec1993 |
|---|---|
| Filed | 23Nov1993 |
| Filing Codes | I |
RECEIVED for shipment in apparent good order and condition, unless otherwise noted herein the number of containers or other package or pieces shown in the "Carriers Receipt" and said by the Shipper to hold the goods described in the "Particulars Furnished by Shipper" The Carrier shall have the right at its sole discretion to use feederships, ferries, lighters, trucks trains or planes, in addition to the ocean Vessel or its substitute, to accomplish said carriage. If the goods are shipped from or are consigned to a port or place not directly served by Carrier's own vessel, or in case of a through shipment or transshipment the Carrier will acting only as the Shipper's AGENT arrange for transportation of the shipment by other carriers from the place of shipment to the port of loading on Carrier's vessel and from the port of discharge from Carrier's vessel to ultimate destination and during such segments of transportation the carriage, handling or storage of the goods shall be subject to the freight contracts and tariffs of such other carriers. However, this Carrier guarantees the performance of the obligation of such previous carriers or on carriers under their freight documents. The liability of this Carriers as a carrier shall commence when the shipment is received into its exclusive custody and shall terminate when the goods are ready for delivery to consignee or on carrier and the Carriers shall not be liable for damage or losses not occuring on its own segment of the overall carrage. The Carrier shall hold for the benefit of the owner of the goods all bills on lading, freight documents or receipts issued by other carries or bailees. The receipt, bailment, carriage, delivery and trans shipment of the goods are subject to all the terms, conditions and limitations of this bill of lading and of the Carrier's regularly filed Freight Tariffs and regulations, which are deemed incorporated herein as if set forth at length, and shall govern the relations, whatsoever they may be between the Shipper, consignee or holder and the Carrier master, Ocean vessel, feedership, ferry, lighter or any other means of transport owned or operated by the Carrier and whether the carrier be acting as carrier or bailee. 1. Thus bill of lading shall have effect subject to the provisions of the Carriage of Goods By Sea Act of the United States of America, approved April 16, 1936 which shall be deemed to be incorporated herein, and nothing herein contained shall be deemed a surrender by the Carrier of any of its rights or immunities or limitations or an increase of its responsibilities or liabilities under said Act. The provisions stated in said Act (except as otherwise specifically provided herein) shall govern before the shipment is loaded on and after it is discharged from the vessel and throughout the entire time the goods are in the exclusive custody of the Carrier until made ready for Act Ordinance of Statute of a nature similar to the international Convention for the Unification of Certain Rules Relating to Bills of Lading dated at Bussels August 25, 1924. it is subject to the provision stated in such Act Ordinance or Statute and rulels thereto annexed which may be in effect where this bill of lading is issued. (a) The Carrier shall be entitled to the full benefit oof and right to all limitations of or exemption from liability authorized by any provisions of Sections 4281 to 4288 inclusive of the Reylsed Statutes of the United States and amendments thereto and of any other provisions of the law of the United States or of any other country whose laws shall apply. The terms of this bill of lading constitute the contract of carriage, which is between the Shipper. Consignee and owner of the goods and the owner or demise charterer of the vessel designated to carry the shipment. It is understood and agreed that other than the said shipowner or demise chartere, no person, firm or corporation or other legal entity whatsoever (including the Master, officers and crew of the vessel, all agent, employees, representative and all terminal operator, stevedores, watchmen and other independent contractors whatsoever is or shall be deemed to be liable with respect to the goods as carrier, bailee or otherwise howsoever in contract or in tort if however, it shall be adjudged that any other than said shipowner or demise charterer is carrier or bailee of the goods or under any responsibility with respect thereto, all limitations of and exoneration from liability provided by law or by the terms hereof shall be available to such other in contracting for the foregoing exemptions, limitations and exonerations from liability, the carrier is acting as agent and trustee for the other above mentione. 2. In this bill of lading the word"wessel" shall include the vessel to be used for ocean crossing named on the face therof or any substitute ocean vessel actually used also any feedership ferry lighter or any other watercraft used by the Carrier in the performance of this contract the word "Carrier" with captial "C" shall include the Carrier named on the front side hereof the vessel, her owner demise charterer it bound hereby, the time charterer and any substituted ocean carrier whether the owner or charter shall be acting as carrier or bailee the word "Shipper" shall include the party for whose account the goods are shipped as well as the party name as such in this bill of lading the word"Consignee" shall include the holder of this bill of lading properly endorsed and the receive and/or the goods, the word "charges" shall include freight and all expenses and money obligations incurred and payable by the owner of the goods Shipper Consignee or ay of them the worlds "risk and expense of the goods" shall mean also at the risk and expense of the Shipper, Consignee, holder or owner, the word "goods" shall include the contents of the container(s), the words "Government" and "Authorities" shall each include the United nations or any similar international organizations and also persons surporting to exercise control of a governmental nature. "On Board" shall mean on board any means of transport used by the Carrier to accomplish the carrage covered by the bill of lading. "Port of Loading" shall mean on board any means of transport used by the Carrier to accomplish the carriage covered by the bill of lading. "Port of Loading" shall mean the place where the transport begins and "Port of Discharge" shall mean the place where the goods are to be delivered to consignee or on carrier" 3. The scope of the sea voyage herein contracted for shall include usual of customary ports of call whether named in this contract or not also ports in or out of the advertised, geographical usual route or order even though in proceeding thereto the vessel may sail beyond the port of discharge named herein or in a direction contrary thereto or return to the original port or depart from the direct or customary route and includes all canals, straits and other waters. The vessel may call at any port for the purpose of the current voyage or of a prior or subsequent voyage. The vessel may omit calling at any port whether scheduled or not and may calll at the same port more than once, may discharge the goods the first or subsequent call at the port of discharge may for matters occuring before or after loading and either with or without the goods on board and before or after proceeding towards the port of discharge adjust compasses drydock with or without cargo on board stop for repairs shift barths make trial trips or tests take fuel or stores, remain in port, lie on bottom aground or at anchor, sail with or without pilots tow and be towed and save or attempt to save life or property and all of the foregoing are included in the contract voyage. The vessel may carry contraband explosives munition war like store hazardous cargo and sail armed or unarmed and with or without convoy. The Carrier's sailing schedules are subject to change without notice both as to sailing date and date of arrival if this is a Through Bill of Lading no carrier is bound to transport the shipment by any particular train, truck aircraft or vessel or in time for any particular market or otherwise than with reasonable dispatch no carrier shall be liable for delay and any carrier shall have the right to forward the goods by substitute carrier. 4.In any situation whatsoever and shatsoever occuring and whether existing or anticipated before commencement of or during the voyage which in the judgement of the Carrier or the Master is likely to give use to risk of capture, seizure detention damage delay of disadvantage to or loss of the vessel or any part of her cargo to make it unsale imprudent or unlawful for any reason to receive keep or load the goods or commence or proceed on or continue the voyage or to enter or discharge the goods of disembark passengers at the port of discharge or the usual or agreed or intneded place of discharge in such port or to give use to delay or difficulty in proceeding by the usual or intended route, the Carrier or the Master may decline to receive keep or load the goods or may devan container(s) contents or nay part thereof and may require the Shipper or other persons entitled thereto to take delivery of the goods at the port o shipment and upon failure to do so may warehouse the goods at the risk and expense of the goods or the vessel whether or not proceeding toward or entering or attempting to entire a port of discharge or reaching or attempting to reach a usual place of discharge theren or attempting to discharge the shipment may discharge the gods and/or devan the contents of any container(s) contents or any part thereof and my require the Shipper or other persons entitled thereto to take delivery of the goods at the port of shipment and upon failure to do so may warehouse the goods at the risk and expense of the goods or the vessel whether or not proceeding toward or entering or attempting to enter a port of discharge or reaching or attempting to teach a usual place of discharge therein or attemping to discharge the shipment may discharge the goods and/or devan the contents of any contrainer(s) at another port in depot lighter, craft or other place or may torward or trans ship them as provided in this bill of lading (claluse 10) or the Carrier or the Master may retain the goods vanned or unvanned on board until the return of the vessel the port of loading or to the port of discharge or until such time as the Carrier or the Master thinks advisable and discharge the goods at any place whatsoever as herein provided. The Carrier or the Master is not required to give notice of such devanning or of discharge of the goods or of the forwarding thereof as herein provided. When the goods are discharged from the ship as herein provided they shall be at their risk and expense, such discharging shall constitute delivery and performance under this contract and the Carreier shall be freed from any further responsibility, unless it be shown that any loss or damage to the goods arose from Carrier's negligence in the discharge and delivery as herein provided the burden of establishing such negligence being on the owner of the goods. For any service rendered to the goods as hereinabove provided or for any delay or expense to the vessel caused as a result thereof, the Carrier shall be entitled to a reasonable extra compensation, and shall have lien onthe goods for such charge. Notice of disposition of the goods shall be mailed to Shipper or Consignee. Goods shut out from the vessel named herein for any cause may be forwarded on a subsequent vessel of this line or at Carrier's option on a vessel of another line. 5. The Carrier shall not be responsible for the sale and proper stowing of goods in containers if such containers are loaded with goods by the shipper, consolidator or inlamd carrier, and no responsibility shall attach to the Carrier for any loss or damage caused to contents by shifting overloading or improper packing of the container. Containeres loaded by the shipper consolidator or inland carrier shall be properly sealed and the seal identification reference, as well as the container reference shall be shown herein. The shipper consolidator or inland carrier shall inspect container before loading them and loading of the containers shall be prima facie evidence that the container were sound and suitable for use. The Carrier will not be liable in any event for the particulars or other packages or peices as shown in the Carrier's receipt on the face of this bill of lading. The Carrier makes no representation as to the quantity weight or description in theParticulars Furnished by the Shipper. The Shipper, Consignee and/or hereof agree to be liable for and shall indemnify the Carrier for any injury , loss or damage including fines, arising from Shipper's failure stow the goods properly in containers or to declare correctly herein any of the particulars furnished by him including marks, quantity and description of the goods, weight and cubic measurement of goods, and the exact total grosss weight of container, also for any kind of damage or injury caused by the contents of said container(s) to other property or to persons. 6. The Carrier shall have the right to store goods in containers and to stow containers on deck unless this bill of lading is claused "stowed under deck" on the face hereof by the Carrier. Containers stowed on deck shall be deemed for all purposes to be stowed under deck, including General Average and COGSA. Special container(s) or cargo space with refrigeration or heating units shall not be furnished unless contracted for in writing at time of booking and freight is charged on the basis of the rates for cargo requiring such special container(s) or space as provided in the tariff Shipper shall advise Carrier of desired temperature range when delivering goods to the Carrier and Carrier shall exercise due deligence to maintain desired range within plus or munie 2 degrees F while the containers are in its custody and control. The Carrier does not warrant refrigerating or heating machinery of containers and shall not be responsible for its operation on maintenance except while the containers are in the actual custody at which the Carrier shall exercise reasonable care in operation or maintenance of such machinary. 7. Deck cargo (except goods carried in containers on deck) and live animals are received and carried soly at Shipper's and Consignee's risk (including accident or mortality of animals), and the CArrier shall not in any event be liable for any loss or damage therto arising or resulting from any matters mentioned in Section4, Sub section 2 (a) to (p) inclusive of the United States Carriage of Goods by Sea Act, or from any other cause whatsoever not due to the faulty of the Carrier, any warranty of seaworthiness in the premises being hereby waived, and the burden of proving liability being in all respects unpon the Shipper or Consignee. Except as provided, above such shipments shallbe deemed goods, and shall be subject to all items and provisions in this bill of lading relating to goods. 8. If the ship 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 the servants of the Carrier in the navigation or in the management of the ship, the owners of the goods carried hereunder, will indemnify the Carrier against all loss or laibility to the other or non-carrying ship or her owners in so far as such loss or liability represents loss of, or damage to or any claim whatsoever of the owners of the said goods, paid or payable by the other or non-carrying vessel or her owners to the owners of said goods and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part or their calim against the carrying vessel or Carrier. 9. General average shall be adjusted, stated and settled according to York-Antwerp Rules 1974, except Rule XXII thereof, at such port or place as may be selected by the Carrier,and as to matters not provided for these Rules, according to the laws and usage at the port of New York Average agreement or bond and such additional security as may be required by the Carrier must be furnished before delivery of the goods. The Adjustment shall be made by an Adjuster selected by the Carrier from the Association of Average Adjusters of the U. S. A. and his Adjustment shall be prima facie evidence as against all interests 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, the Carrier is not responsible, by statute, contract or otherwise, the goods, the Shipper and the Consignee shall contribute with the Carrier in general average tothe payment any sacrifices, losses or expenses of a general average nature that may be made or incurred,a nd shall pay salvage and special charges incurred in respect to the goods. If a salvaging ship is owned or operated by the Carrier, salvage shall be paid for as fully and in the same manner as if such salvaging ship belonged to stragers. Contribution to general average by all interests shall be paid to the owners even when such average is the result of fault, neglect or error of the Master, pilot or crew. The Shipper and Consignee expressly renounce any and all codes, statutes, laws or regulations which might otherwise apply. 10. Whenever theCarrier or Master may deem it advisable, or in any case where goods are destined for port(s) or place(s) at which the ship will not call, the Carrier may, without Notice, forward the whole or any part of the shipment before or after loading at the original Port of Shipment, or any other places event though outside the scope of the voyage or the route to or beyond the Port of Discharge or the destination of the goods, by water, by land or by air or by any combination thereof, whether operated by the Carrier or others and whether departing or arriving or scheduled to depart or arrive before or after the ship expected to be used for the transportation of the shipment. The Carrier may delay forwarding awaiting a vessel or conveyance in its own service or with which it has established connections. In all cases where the shipment is delivered to another carrier, or to a Lighter Port Authority, Warehouseman or other Bailee, for trans shipment, the liability of this Carrier shall absolutely cease when the goods are out of its exclusive possession and shall not resume until the goods again come into its exclusive possession, and the responsibility of this Carrier during any such period shall be that of an agent of the Shipper and/ or Consignee, and this Carrier shall be without any other responsibility whatsoever. The carriage by any trans shipment or on carrier and all trans shipment or forwarding shall be subject to all the terms whatsoever in the regular form of bill of lading, consignment note, contract or other shipping document used at the time by such carrier. 11. The Carrier's responsibility as carrier for the goods shall not commence until the goods are safely secured to the vessel's loading gear at the port of loading. Immediately upon arrival of the ship at eh Port of Discharge, the Carrier may without giving notice either of arrival or discharge, deliver the container(s) and/or goods onto any wharf, craft, or place that the Carrier or Port Authorities may select and continuously Sunday and Holidays included, in daytime or nighttime, no matter what the state of the weather or Custom of the port may be. All lighterage and use of craft in loading and discharging shall be at the risk and expenses of the goods. It is agreed that delivery by the Carrier in any event shall take place upon discharge form vessel to a safe lighter or dock and the responsibility of the Carrier in any capacity shall altogether cease when the goods have been discharged and possession is received or taken by Customs or toher authorities or by the operato or person in charge of any lighter, craft, wharf, store, warehouse, elevator or other facilitise, whether selected by the Shipper Consignee or owner of the goods, or by port authorities or by the Carrier, unless it be shown that any loss or damage to the goods was caused by the Carrier's negligence in selecting the lighter or dock. The burden of establishing such negligence being on the Shipper or Consignee. 12. Carrier shall not be liable for any consequential or special damages and shall have the option of replacing lost goods or repairing damaged goods. 13. The Shipper, Consignee or cargo owner shall be liable for and shall indemnify the Carreir and vesse, and the Carrier shall have a lien on the goods, for all expenses of operating, repairing or reconditioning the goods, also all expenses for repairing containers damaged while in the possession of shipper or consignee and demurrage on containers, also Shipper's or Consignee's failure to supply information of otherwise comply with laws and regulations in connection with the goods. The Carrier's lien shall survive delivery and may be enforced by private sale and without notice. 14. Since freight is calculated on teh basis of particulars furnished by the Shipper, the Carrier may at any time inspect the contents of container(s) and examine the contents of the packages, weigh, measure and value the goods. In case Shipper's particulars are found to be erroneous and additional freight is payable the Shipper, Consignee and goods shall be liable for all expense incurred for examinig, weighing, measuring and valuing the goods. Full freight to destination shall be considered completely earned on shipment, whether the freight be stated or intended to be prepaid or to be collected at destination and the Carrier shall be entitled to all freight and charges due hereunder whether actually paid or not and to receive and retain them irrevocably under all circumstances whatsoever, vessel and/or goods lost or not lost or the voyage broken up or abandoned. All unpaid charges shall be paid in full and without any offset, counterclaim or deduction, in the currency of the United States or at Carrier's option, its equivalent in foreign currency. The said Carrier shall have a lien on the goods, which lien shall survive delivery, for all freight and charges due under this bill of lading and under any contract preliminaru hereto, including dead freight and demurrage and for the cost of receiving such freight and demurrage, and may enforce this lien by public or private sale and without notice. The Shipper, Consignee and owner of the goods shall be jointly and severally liable to the Carrier for the payment of all freight and charges and the performance of the obligation of each of them hereunder. 15. Neither the Carrier nor its terminal operator or stevedores shall be liable to answer for or make goods nay loss or damage to goods occurring at any time nad even though before loading on or after dischrge form the vessel, by reason or by means of any fire whatsoever, unless such fire shall be caused by their design or neglect. 16. In case or any loss or damage to or in connection with goods exceeding in actual value the equivalent of $500 lawful money of the United States, per package, or in case of goods not shipped in package, per shipping unit, the value of the goods shall be deemed to be $500 per package or per shipping unit. The Carrier's liability if any shall be determinded on the basis of a value of $500 per package or per shipping unit or pro rata in case of partial loss or damage, unless the nature of the goods and a valuation higher than $500 per package or shipping unit shall have been declared in writing by the Shipper upon deliveru to the Carrier and inserted in this bill of lading and extra charge paid. In such care ir the actual value of the goods per package or per shipping unit shall exceed such declared value nevertheless be deemed to be 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. The words "shipping unit" shall mean each physical unit or piece of cargo not shipped in a package, including articles ro things of any description whatsoever, except goods shipped in buld, and irrespective of the weight or measurement unit employed in calculating freight charges. 17. The Carrier and the vessel shall be discharged from all liability in respect of loss, damage, misdelivery or in respect of any other breach of this contract, whether occurring before loading, on board or after discharge, unless suit is brought within one year after delivery of the shipment or the date when the shipment should have been delivered. Suit shall not be deemed brought unless jurisdiction shall have been obtained over the Carrier and/or the vessel by service of process or by an agreement to appear. The Shipper, Consignee holer herof or owner of the goods and their assignees, subrogess or representatives shall file any and all claims directyly with the Carrier or other party responsible for any loss, damage, injury, expense, it being specifically agreed that this carrier shall not be responsible for any loss, damage, injury, expense not occurring on it's own ocean route, nor while the goods are not in its actual custody and control. Upon written request, the Carrier will furnish Shipper, Consignee, holder hereof and/or owner of the goods with original bills of lading, receipts, consignment notes or other documents being hels for their benefit which may be required to file claim against any other carriers or parties. 18. Any bookings, freight engagements, dock receipts, boat noes, intechanges or other agreements relating to the shipment previously made are superseded by this bill of lading and by the Carrier's Freight Rariff Rules and Regualtions, which shall be deemed incorporated herein as if set forth at length. The Carrier' Freight Tariff Rules and Regulations are filed with the Maritime Commission, Washington, D.C. and are also available at any of the Carrier's offices. 19. Nothing in this bill of lading shall operate the CArrier of any statutory protection or exemption form or limiation of liability, contained in the laws of thee United Staes, or in the laws of any other country which may be applicable. This bill of laidng shall be construed according to the laws of the United States and the shipper, consignee and holder hereof agree that any suits against the Carrier shall be brought in th Federal Courts of the United States in the City of New York. The terms of this bill of lading shall be separble, and if any part or term hereof shall be hld invalid, such holding shall not effect the validity or enforeceability of any other part or term hereof. 20. If this is a through bill of lading covering a U.S.A landbridge movement, all claims shall be filed with this Carrier, which will be responsible for their processing (a) In accordance with the land carrier contracts and tariffs, where loss or damage occurrs while goods are in custody of a U.S.A land acarrier of (b)In accordance with terms of this bill of lading where goods are lost or damaged while in custody of this Carrier. All claims and suits must be commenced with time limits of applicable contracts and statutes in the event this Carrier pays a claim. It shall be subrogated to claiment's rights against participating carriers. When is cannot be established in whose custody the goods were when the loss or damage occurred the loss or damage shall be deemed to have occurred the sea voyage while in the custody of this Carrier.
