RULE: 8 - BILL(s) OF LADING Eff: 18MAR2004
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Effective |
18MAR2004 |
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Filed |
18MAR2004 |
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Filing Codes |
I |
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:
I. GENERAL PROVISIONS
1. DEFINITIONS. Carrier shall mean and includes any vessel
carrying the Goods. "Underlying Carrier" shall include
any water, rail, motor, air or other carrier authorized
by the Carrier for any part of the carriage of the
goods. "Water Carrier" shall include the owner,
operator or charterer of any vessel used to perform the
carriage as well as the vessel. "Vessel" shall include
any ocean or other used vessel, lightership barge or
other water craft, her master and crew. "Merchant"
includes the Shipper, the Consignee, the Holder of this
B.L. and the Owner of the goods.
2. CONTRACT OF CARRIAGE. TARIFFS. All the terms of this
B.L. whether on the front or back page hereof,
constitute the contract of carriage between the
Merchant and the Carrier. The terms of the Carrier's
applicable Tariffs are incorporated herein.
By accepting this B.L. the Merchant agrees to be bound
by all its terms as well as the provisions of the
Tariffs of the Carrier and any underlying carriers as
if they were accepted in writing by such Merchant, any
local customs or practice to the contrary
notwithstanding.
The terms of this B.L. shall be separable, and if any
provisions hereof, or any part of any provision be held
to be invalid or unenforceable, such holding shall not
affect the validity or enforceability of any other
provisions or part thereof in this B.L.
3. CLAIMS. TIME BAR. The Carrier shall be discharged of
all liability unless the following conditions are met:
(a) With respect to loss or damage during sea or water
transportation, including loading of vessel and
discharge from vessel, suit must be brought in the
forum herein designated within twelve (12) months
after delivery of the Goods or the date when the
Goods should have been delivered.
(b) With respect to land transportation or other land
services, not included in (a) above, claims for loss
or damage must be filed in writing with and received
by Carrier within four (4) months after delivery of
the Goods or the date when the Goods should have been
delivered. The suit on such claims must be brought
in the forum herein designated within twelve (12)
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 conventional law shall then
apply, but in that circumstance only.
(c) All claims must be addressed to carrier's local
agent at the place where the Goods are delivered and
to Carrier's U.S.A. head office, whose address is
given on the front hereof.
4. LAW, JURISDICTION. Except as provided for in laws
incorporated herein by Clause 12 hereof, all disputes
arising under this B.L. shall be determined in
accordance with United States Law. Any suit against the
Carrier or any vessel owned, chartered or operated by
the Carrier for any cause arising out of this B.L. or
the carriage of the goods shall be filed only in the
United States District Court, Southern District of N.Y.
which court shall have exclusive jurisdiction of such
suit.
II. PERFORMANCE OF THE CONTRACT
5. SUB-CONTRACTING. The Carrier shall be entitled to
sub-contract on any items the whole or any part of the
carriage, loading, unloading, storing, warehousing,
terminating, handling and any duties whatsoever
undertaken by the Carrier in relation to the goods.
For the purpose of this contract and subject to the
provisions in this B.L. the Carrier shall be responsible
for the authorized conduct of any person of whose
services he makes use for the performance of the
contract evidenced by this document.
6. ROUTES. SUBSTITUITON AND OTHER LIBERTIES. The goods may
be carried by any route whatever, whether or not the
most direct, scheduled, advertised or customary route,
and by any vessel or mode of transport. The Carrier
shall be entitled to tranship the goods and to
substitute any vessel or other means of transport at any
time, and has the right to discharge and complete the
vessel's cargo in respect of goods belonging to other
merchants.
In accordance herewith, for instance, in the event of
carriage by sea or water the vessel may sail with or
without pilot, undergo repair, adjust equipment, dry
dock, tow or be towed, assist other vessels in any
situation, deviate for the purpose of saving life or
property or of landing ill or injured persons, and call
for fuel at any port(s).
7. OPTIONAL STOWAGE AND CONTAINERIZATION. Goods may be
containerized, de-containerized or stuffed with other
goods in a container when the goods are received for
shipment or at any time while the goods are in the
charge of the Carrier.
Containers, whether stuffed by the Carrier or received
by him in stuffed condition from the Merchant, may be
carried on or under dock without notice to the
Merchant.
7B. INSPECTION OF THE 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.
8. SPECIAL CONTAINERS. REFRIGERATION. HEATING. Special
containers or cargo space with refrigeration or
heating or mechanically ventilated shall not be
furnished unless indicated on the face of the B.L. and
extra freight paid if a carriage temperature is noted
on the B.L. the Merchant shall deliver cargo to the
Carrier at plus or minus 2C from noted temperature and
the Carrier shall exercise due dilligence to maintain
such temperature, plus or minus 2 C while the cargo is
in its possession.
The carrier does not warrant refrigerating machinery
and shall exercise reasonable care in its operation and
maintenance. The carrier shall not be responsible for
control and care of refrigeration units on containers
when such containers are not in the actual possession
of the Carrier.
Carrier is only required to provide Merchant with a
standard dry contianer unless otherwise agreed in
writing and inserted on the face of this B.L.
Acceptance of any Container by Shipper conclusively
establishes the suitability of the Container for its
contemplated use and employment for the carriage of the
Goods.
9. HINDRANCES, DELAY ETC. AFFECTING PERFORMANCE. If any
situation whatsoever before or during transportation is,
in the judgement of the Carrier or any underlying
carrier, likely to give rise to risk of seizure, fine,
detention, delay, or disadvantage to the goods, the
containers of the Carrier, or is otherwise likely to
affect the performance to the disadvantage of the
Carrier, the Carrier may:
(a) treat the performance of this contract as terminated
and require the Merchant to take delivery thereof at
the place of shipment or at any other place or port
which the Carrier shall deem convenient.
(b) without prior notice to the Merchant, discharge,
transship, store, surrender, return, or forward the
goods at this risk and expense of the Merchant and
without responsibility of the Carrier.
(c) deliver the goods at the place designated for
delivery.
In any event the Carrier shall be entitled to full
freight for the goods received for transportation and
to additional compensation for extra costs resulting
from the circumstances referred to above.
10. DELIVERY FROM OR TO LIGHTERS OR PORT AUTHORITIES. At
ports or places where the Carrier is required by law or
custom to receive or deliver goods from or to lighters
or port authorities, receipt and delivery of the goods
by the Carrier shall take place at the end of the ship's
tackle or manifold, or when the Carrier obtains or
loses control of the goods. Lighterage or custody
before or after such receipt of delivery, as the case
may be, shall be at the expense and risk of the
Merchant.
III. CARRIER'S LIABILITY.
11. PERIOD OF RESPONSIBILITY
(a) PORT-TO-PORT SHIPMENTS. The Carrier shall be
responsibile for the goods from the time when the
goods are received by him at the port of loading
until they are discharged and made available for
delivery at the Port of Discharge (see also Clause
10)
(b) COMBINED TRANSPORT. If either the Place of Shipment
or Place of Delivery or both as set forth herein are
inland points or ports other than Port of Loading or
Port of Discharge and freight is paid for the Combined
Transport, the Carrier shall be responsible for the
goods during the entire Combined Transport from the
time when he has received the goods at the place of
shipment until they are made available for delivery
at the place of delivery.
(c) FAILURE TO TAKE DELIVERY. If for any reason
whatsoever the consignee refuses or fails to take
delivery of the goods upon their being made available
for delivery to the consignee at the place of
discharge or delivery, as provided in 8(a) or 8(b),
the Carrier shall regardless of any free time
prescribed by tariff or local regulations, have the
right without notice to store goods at the risk of the
Merchant. Such storage shall constitute final delivery
hereunder, and thereupon all liability whatsoever of
the Carrier in respect of the goods shall cease.
12. CARRIER'S LIABILITY. Irrespective of whether this B.L.
has been issued in respect of a Port-to-Port Shipment or
of a Combined Transport, the liability of the Carrier
shall be determined according to the following
provisions:
(a) With respect to sea or water transportation, this B.L.
shall be subject to the provisions of the Carriage of
Goods by Sea Act of the United States, approved April
16, 1936, or to any similar Hague Rules or Hague-Visby
Rules or law if compulsorily applicable to this B.L.
which act or law shall be deemed to incorporate herein
the provisions of said act or law (except as otherwise
specifically provided for herein) shall also govern
before the goods are loaded on and after it is
discharged from the vessel while the shipment is in
the custody of the Carrier. Such act or law shall also
apply to containers on deck.
The Carrier and his insurers shall by this contract
of carriage be entitled to all limitations and
exemptions from liability authorized by the
provisions of sections 4281 to 4289, inclusive, of
the Revised Statutes of the United States, the same
as, if they were the owner of the vessel used to
transport the goods.
The Carrier shall not be liable for any loss or
damage to goods occuring at any time (including
before loading on or after discharge from the
vessel) by reason of any fire, whatsoever, unless
such fire shall be caused by his personal design or
neglect.
(b) With respect of overland transportation in the U.S.A.,
the terms and conditions of the Uniform I.C.C. Bill of
Lading, when applicable, shall also apply together
with the underlying carrier's tariff, both of which
shall be deemed to be incorporated herein as if set
forth at length.
(c) With respect to overland transportation outside of the
U.S.A. the terms and conditions of the contracts of
carriage of the relevant underlying carrier shall
apply and are deemed to be incorporated herein as if
set forth at length. The provisions of the Convention
of the Contract for the International Carriage of
Goods by Road, 1956 (C.M.R.) and of the International
Agreement on Railway Transports. 1960 (C.I.M.) whether
or not the countries concerned in the transportation
are parties thereto, are deemed to be incorporated and
to override any conflicting provision of any contract
of carriage, tariffs and local laws.
(d) The liability of the Carrier shall in no event be
greater than the liability of the relevant underlying
carrier(s) under his (their) contract of carriage of
B.L. which are deemed to be incorporated herein, and
the Carrier shall be entitled to all exemptions from
and limitations of liability contained therein. Sample
copies of Bs.L. or other transportation documents of
the underlying carriers may be obtained from the
Carrier's U.S.A. General Agent, whose address is given
on the front hereof.
(e) When loss or damage to goods occurs during any
Combined Transport but it cannot be determined which
carrier actually had custody of the goods at the time
of the loss or damage, it shall be deemed that the
loss or damage occured aboard the ocean vessel and
clause 12(a) shall apply.
(f) The Carrier shall not be liable for any consequential
loss resulting from loss or damage of goods.
(g) 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.
13. DAMAGES. DELAY. CONSEQUENTIAL LOSS, ETC. The liability
of the Carrier for loss of or damage to the goods shall
be calculated on the basis of the sound value of the
goods at the place of delivery and shall in no event
exceed such sound value. The Carrier shall have the
option of replacing lost goods and reconditioning
damaged goods.
If the Carrier is held liable in respect of
unreasonable delay or of consequential loss or damage,
the liability of the Carrier shall be limited to the
freight for the transport covered by this B.L.
14. PACKAGE AND CUSTOMARY FREIGHT UNIT LIMITATION
(a) In the case of any loss or damage in connection with
Goods exceeding in value the equivalent of USD 500,
lawful money per package, or in the case of Goods not
shipped in packages, per customary freight unit, the
value of the Goods shall be deemed to be USD 500 per
package or per customary freight unit. The Carrier's
liability, if any, shall be determined on the basis of
the value of USD 500 per package or per customary
freight unit unless the nature of the Goods and a
evaluation higher than USD 500 per package or per
customary freight unit shall be declared in writing by
the shipper upon delivery to the Carrier and inserted
on the front of this B.L. and an extra freight paid.
In such case, if the actual value of the Goods per
package or per customary freight unit shall exceed
such declared value, the value shall nevertheless be
deemed to be the declared value and any partial loss
or damage shall be adjusted pro rata on the basis of
such declared value. The limitations in this clause
shall apply shall apply regardless of where loss or
damage to the Goods occured, and shall control over
all other provisions otherwise applicable to
Merchant's claim for loss or damage to the Goods.
(b) The following definitions apply only to services not
compulsorily subject to the United States Carriage of
Goods by Sea Act:
1. The word "package" as used herein shall mean a
Container for containerized shipments. For Goods not
shipped in a Container, the word "package" shall mean
any assemblage of cargo shipped on a pallet, cradle,
skid, flat rack, or any other unitized load which
shall at all times be the largest single shipping
unit of the Goods as received by the Carrier from the
Merchant.
2. The words "customary freight unit" as used herein
shall mean a unit of 1,000 kilograms or the unit of
cargo on which the freight rate is based, whichever
results in the largest single unit of cargo.
15. NOTICE OF LOSS. Unless notice of loss or damage to the
goods and general nature of it be given in writing to
the Carrier's agent at the Port of Discharge or Place of
Delivery as applicable before or at the time of the
removal of the goods into the custody of the person
entitled to delivery thereof under this B.L. or if the
loss or damage be not apparent, within three
consecutive days thereafter, such removal
shall be prima facie evidence of the delivery
by the Carrier of the goods as described in this B.L.
16. DEFENSES AND LIMITS FOR INSURERS, UNDERLYING CARRIERS,
INDEPENDENT CONTRACTORS, SERVANTS ETC., EMPLOYED BY THE
CARRIER. If an action for loss, damage or delay to the
goods is brought by the Merchant against any insurer,
charterer, underlying carrier, servant, agent,
independent contractor, or subcontractor, including
stevedores, carpenters and watchmen, such person shall
be entitled to avail himself of the defenses and limits
of liability which the Carrier is entitled to invoke
under this B.L. for the purpose of this clause, all such
persons are parties to this contract, made on their
behalf by the Carrier.
The aggregate of the amounts recoverable from the
Carrier and all other such persons shall in no case
exceed the limits of liability of the Carrier according
to the provisions of this B.L.
17. SUBROGATION. RECOURSE. Nothing herein shall be deemed
a waiver by the Carrier of any right of subrogation to
any right(s) of the Merchant against any underlying
carrier or other person referred to in Clause 16 or of
any right of recourse against any such person which the
Carrier may otherwise be entitled to.
IV. MERCHANT'S RESPONSIBILITY
18. SHIPPER-STOWED CONTAINERS. When container(s) is
stuffed by Merchant or his agent, this B.L. shall be a
receipt only for the container(s) and Carrier shall not
be responsible for count of the contents nor for
concealed damage, nor for improper loading nor mixing of
articles in the container(s), and the Merchant hereof
agrees that upon delivery, the Carrier will be given a
receipt for the container(s) before the shipment is
released. Merchant must return any Container(s) provided
by Carrier in as good condition as when received by
Shipper, ordinary wear and tear excepted. Merchant shall
protect, indemnify, defend, release and hold Carrier,
its officers, directors, agents, employees, and
subcontractors harmless against any and all liabilites,
claims, demands, suits, judgements, damages, and losses,
including costs, expenses and legal fees, that may be
suffered or incurred by Carrier or any other person or
entity arising directly or indirectly out of or
resulting from the stuffing or unstuffing, stowing
and/or sealing of Containers by Merchant or on
Merchant's behalf. All Containers stuffed by Merchant
shall be sealed by Merchant and the seal's number be
shown hereon.
19. RECONDITIONING OF GOODS AND REPAIR OF CONTAINERS. The
Merchant shall be liable for all expenses for mending,
cooperage, bailing or reconditioning of Goods or
container(s) and the gathering of loose contents of
packages as well as for any payment, expense, fine,
duty, tax, impost, loss, damage, detention or demurrage
sustained or incurred by or levied upon the Carrier or
the vessel in connection with the Goods howsoever
caused.
20. HAZARDOUS GOODS. HAZARDOUS GOODS MUST BE NOTED BY THE
SHIPPER ON THE FRONT PAGE OF THIS B.L. Goods of an
inflammable, explosive, radio-active or dangerous
natures, which are shipped by the Merchant without prior
notice to and consent of the Carrier and/or without
declaration of its exact description and nature herein,
may at any time be landed at any place or destroyed or
rendered innocuous by the Carrier without compensation
to the Merchant. The merchant shall indemnify the
Carrier for any expense, loss, damage or personal
injury, death claims directly or indirectly arising out
of or resulting from such goods.
21. GUARANTEE OF PARTICULARS. The Shipper shall be deemed
to have guaranteed to the Carrier the accuarcy, at the
time the goods were accepted by the Carrier, of the
description of the goods, marks, number, quantity and
weight and any statement as to the contents of
containers, as furnished by him. The Shipper shall
indemnify the Carrier against all loss, damage and
expenses arising or resulting from inaccuracies or
inadequacy of such particulars.
22. LAWS AND REGULATIONS. The Merchant shall be liable for
all expenses resulting from his failure to supply
information or otherwise comply with laws and
regulations in connection with the goods, and shall
indemnify the Carrier for any such expenses.
V. FREIGHT, LIENS AND OTHER MATTERS
23. FREIGHT. All freight charges or amounts due from the
Merchant shall be paid directly to the Carrier without
any offset, counter-claim or deduction in U.S. dollars
unless otherwise agreed. The Shipper, Holder hereof,
Consignee or Owners of the goods shall be jointly
and severally liable to the Carrier for such payment.
For the purpose of verifying the freight basis, the
Carrier reserves the right to inspect the goods and to
check the particulars furnished by the Shipper. If the
Shipper's particulars are erroneous and additional
freight is payable, the Merchant shall be liable for all
expenses incurred for inspecting, weighing, measuring
and valuing the goods.
Full freight to destination and charges due hereunder,
whether or not prepayable, shall be deemed earned upon
receipt of the goods by the Carrier at the Port of
Loading or the Place of Shipment, and such freight or
charges shall be paid to or retained by the Carrier in
any event vessel or other means of transportation and or
goods lost or not lost or the transportation broken up
or abandoned. Payment of any freight or other charges to
a freight forwarder, broker, or anyone other than the
Carrier or its authorized agent shall not be deemed
payment to the Carrier and shall be made at payor's
sole risk and shall be considered a default by
Merchant in the payment of freight or other charges due
hereunder.
24. CARRIER'S LIENS. The Carrier shall have a lien on the
goods for all unpaid ocean and inland freights,
expenses, charges and other amounts due from the
Merchant under this B.L. Such lien shall survive
delivery of the goods and may be enforced public or
private sale upon ten days notice to Consignee or Notify
Person.
The Carrier shall also have such lien on the goods for
demurrage, fines, dues, tolls surveys, lighterage,
custom duties and port charges as well as legal fees
and other expenses incurred in connection with
attachment, seizure, detention, condemnation or other
legal proceeding brought against the goods by
authorities or third parties.
25. GENERAL AVERAGE. General Average shall be adjusted,
stated and settled according to York-Antwerp Rules 1974,
except Rule XXII thereof, at such port or places as may
be selected by the Carrier, and as to matters not
provided for in these Rules, according to the laws and
usage at the port of New York. Average agreement and
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
prime facie evidence as against all interest.
In the event of accident, danger, damage or disaster,
before or after commencement of the voyage resulting
from any cause whatsoever, whether due to negligence or
not, for which, or for the consequence of which, the
Carrier is not responsible by stature, contract or
otherwise, the goods and the Merchant shall contribute
with the Carrier in General Average to the payment of
any sacrifices, losses or expense of a General Average
nature that may be made or incurred, and shall pay
salvage and special charges incurred in respect
of the goods.
If a salvaging ship is owned or operated by the
Carrier, salvage shall be paid for as fully and in the
same manner as if such a salvaging ship belonged to
strangers. 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 Merchant expressly renounces
any and all codes, statutes, laws or regulations
which might otherwise apply.
In the event General Average is declared by any water
carrier, the goods and the Merchant shall contribute
directly to such General Average in accordance with the
contracts of the water carrier.
26. BOTH-TO-BLAME COLLISIONS.
If the ship comes into collision with another ship as a
result of negligence of the other ship, and any act,
neglect or default of the Master, Mariners, 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
liability to the other or non-carrier against all loss
or liability to the other non-carrying ship or her
owners in so far as such loss or liability represents
loss of, or damage to, or any claims whatsoever of the
owners of said goods, paid or payable by the other or
non-carrying ship or other owners to the owners of
said goods and set-off, recouped or recovered by the
other or non-carrying ship or her owners as part of
their claim against the carrying ship or the Carrier.
The foregoing provisions shall also apply where the
owners, operators or those in charge of any ship or
ships or objects other than, or in addition to the
colliding ships or objects are a fault in respect of a
collision or contact.
27. ONBOARD BILLS OF LADING. When used in or endorsed on
this B.L. the words "onboard" shall mean onboard the
Vessel or onboard any other mode of transportation
operated by or on behalf of Carrier in the performance
of the contract for carriage of the Goods.
28. ATTORNEY'S FEES. Merchant shall be liable to Carrier
for any attorney's fees and other expenses incurred in
connection with claims or legal proceedings made or
brought by Carrier for the collection of any amounts,
including but not limited to freight charges, due
Carrier pursuant to this contract of carriage.
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