RULE: 8 - BILL(S) OF LADING Eff: 19MAY2006
| Effective | 19MAY2006 |
|---|---|
| Filed | 19MAY2006 |
| Filing Codes | I |
All cargo transported under the rates, charges, terms and
conditions named in this Tariff and in Tariffs subject to
this Tariff shall be held, carried and delivered SUBJECT 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:
1. DEFINITIONS
"Carrier" means the company stated on the front of this
Bill of Lading as being the Carrier and on whose behalf
this Bill of Ladinghas been signed
"Merchant" includes the shipper, the consignee, the
receiver of the Goods, the holder of this Bill of Lading,
any person owning or 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 supplied by the Merchant and
includes any Container not supplied by or on behalf of the
Carrier
"Container" includes any container, trailer,
transportable tank, lift van, flat, pallet or any similar
article of transport used to consolidate goods
"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 a Port to Port Shipment
"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 spot 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 expenses 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
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 agent 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 of 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 person or 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, whether 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 or be deemed to be parties to this contract
(3) The Merchant shall defined indemnify and hold
harmless the Carrier against any claim or liability (and
any expense arising therefrom) arising from the Carriage of
the Goods insofar as such claim or liability exceeds the
Carrier's liability under this Bill of Lading
(4) The defences and limits of liability provided for in
this Bill of Lading shall apply in any action against the
carrier whether the action be found in Contract or in Tort
6. CARRIER'S RESPONSIBILITY
(1) CLAUSE PARAMOUNT
(A) Subject to clause 13 below, this Bill of Lading
insofar as it release to sea carriage by any vessel whether
named herein or not shall have effect subject to the Hague
Rules orany legislation making such Rules or the
Hague-Visby Rules compulsorily applicable (such as COGSA or
COGWA) to this Bill of Lading and the provisions of the
Hague Rules or applicable 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 of 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 responsibility
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 right to, all
limitations of and exclusions from liability and all rights
conferred or authorized by any applicable law, statue or
regulation of any country (include, but not limited to,
where applicable any provisions or sections 4281 to 4287,
inclusive, of the Revised Statues 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, statue 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 toand 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, handling or any other services in
respect of the Goods prior to loading and subsequent to
discharge of the Goods from the vessel without
responsibility for any act or omission whatsoever on the
part of the Carrier or others and the Carrier may as such
agent enter into contracts with others on any terms
whatsoever including terms less favorable than the terms in
this Bill if 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 from the time that the Goods are taken into his
charge until the time of delivery to the extent set out
below
(A) Where the stage of Carriage where the loss or
damageroccurred cannot be proved :
(i) The Carrier shall be entitled to rely upon all
exclusions from liability under the Rules or legislation
that would have been applied under 6(1)(a) above had the
loss or damage occurred 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 or the Hague-Visby
Rules (such as COGSA or COGWA) is not compulsorily
applicable, the carrier's liability shall not exceed
U.S.$2.00 per kilo of the Gross weight of the Goods lost,
damaged or in respect of which 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 the
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 loss or damage
occurred can be proved
(i) the liability of the Carrier shall be determined by
the provisions contained in any international convention or
national law of the country which provisions
(a) cannot be departed from by private contract to
the detriment of the Merchant and
(b) would have applied if the Merchant had made a
separate and direct contract with the Carrier in respect of
the particular stage of Carriage where the loss or damage
occurred and had received as evidence thereof any
particular document which must be issued in order to make
such international convention or national law applicable.
(ii) with respect to the transportation in the United
States of America or in Canada to the Port of Loading or
from the Port of discharge, the responsibility of the
Carrier shall be to procure transportation by carriers (one
or more) and such transportation shall be subject to the
inland carriers' contracts of carriage and tariffs and any
law compulsorily applicable. The carrier guarantees the
fulfillment of such inland carriers' obligations under
their contracts and tariffs.
(iii) Where neither (i) or (ii) above apply, any
liability of the Carrier shall be determined by 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 any other
cause whatsoever and howsoever caused. Without prejudice to
the foregoing, if the carrier is found liable for delay,
liability shall be limited to the freight applicable
to the relevant stage of the transport.
(B) Package or Shipping Unit Limitation
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 until in excess of the package or shipping unit
limitation as laid down by such Rules or legislation. 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 rate 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 or things of any description whatsoever except
Goods shipped in bulk, and irrespective of the weight or
measurement unit employed in calculating freight charges.
As to Goods shipped in bulk, the limitation applicable
thereto shall be the limitation provided in such convention
or law which may be applicable, and in no event shall
anything herein be construed to be a waiver of limitation
as to Goods shipped in bulk.
(E) Rust, etc.
it is agreed that superficial rust, oxidation or any
like condition due to moisture is not a condition of damage
but is inherent to the nature of the Goods and
acknowledgement of receipt of 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 laws 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
theMerchant warrants to the Carrier that the description
andparticulars 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, incorrect or
insufficient marking, numbering or addressing of the Goods
(3) The Merchant undertakes that the Goods are packed
in a manner adequate to withstand the ordinary risks of
carriage having regard to their nature and in compliance
with all laws, regulations and requirements which may be
applicable.
(4) No Goods which are or may become dangerous,
inflammable or damaging or which are or may become liable
to damage any property or person whatsoever shall be
tendered to the Carrier for Carriage without the Carrier's
express consent in writing and without the Container or
other covering in which the Goods are to be transported and
the Goods being distinctly marked on the outside so as to
indicate the nature and character of any such articles and
so as to comply with all applicable laws, regulations and
requirements. If any such articles are delivered to the
Carrier 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 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 connection with or arising
out of the supply of a Container to the Merchant, whether
supplied before or after the Goods are received by the
Carrier or delivered to the Merchant
(3) If a Container has been stuffed by or on behalf
of the Merchant
(a) the Carrier shall not be liable for loss of or
damage to the Goods
(i) caused by the manner in which the Container has
been stuffed
(ii) caused by the unsuitability of the Goods for
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 defined, indemnify and hold
harmless the Carrier against any loss, damage, claim,
liability or expense whatsoever arising from one or more of
the matters covered by (a) above except for (A)(iii)(a)
above.
(4) Where the Carrier is instructed to provide a
Container, in the absence of a written request to the
contrary, the Carrier is not under an obligation to provide
a Container of any particular type or quality
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 filing in the
box on the front of this Bill of Lading if this Bill of
Lading has been prepared by the Merchant or 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 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 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
11. MATTERS AFFECTING PERFORMANCE
(1) If at any time the Carriage is or likely to be
affected by any hindrance, risk, delay, difficulty or
disadvantage of any kind (including the condition of
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 Goods and where reasonably possible place the Goods or
any part of them at the Merchant's disposal at any place
which the Carrier may deem safe and convenient, whereupon
the responsibility of the Carrier in respect of such Goods
shall cease.
(B) without prejudice to the Carrier's right
subsequently to abandon the Carriage under (A) above,
continue the Carriage.
In any event the Carrier shall be entitled to full charges
on Goods received for Carriage and the Merchant shall pay
any additional costs resulting from the above mentioned
circumstances.
(2) The liability of the Carrier in respect of the
Goods shall cease on the delivery or other disposition of
the Goods in accordance with the orders or recommendations
given by any government or authority or any person acting
or purporting to act as or on behalf of such government or
authority.
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 transshipping or
carrying the same on another vessel 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 direction (whether or not the nearest or most direct or
customary or advertised route) and proceed to or stay at
any place whatsoever once or more often and in any order;
load or unload the Goods from any conveyance at any place
(whether or not the place is a port named on the front
hereof as the intended Port of Loading or intended Port of
Discharge); comply with any orders or recommendations given
by any government or authority or having under the terms of
insurance on the conveyance employed by the Carrier the
right to give orders or directions permit the vessel to
proceed with or without pilots, to tow or be 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 liabilities set out in (1) above may be invoked
by the Carrier for any purposes whatsoever whether or not
connected with the Carriage of 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 of degree
13. DECK CARGO (AND LIVESTOCK)
(1) Goods of any description whether containerized or
not may be stowed on or under deck without notice to the
Merchant and such stowage shall not be a deviation of
whatsoever nature of degree Subject to (2) below, such
Goods whether carried on deck or under deck 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 livestock.
14. DELIVERY OF GOODS
If delivery of the Goods or any part thereof is not
taken by the Merchant at the time and place when and where
the Carrier is entitled to call upon the Merchant to take
delivery thereof, the Carrier shall be entitled without
notice to remove from a Container the Goods or that part
thereof if stuffed in or on a Container and to store the
Goods or that part thereof ashore, afloat, in the open or
under cover at the sole risk and expense of the Merchant.
Such storage shall constitute due delivery hereunder, and
thereupon the liability of theCarrier 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 the
Merchant undertakes to defend, indemnify and hold harmless
the Carrier against all claims by or liability to (and any
expense arising therefrom) any vessel or person in respect
of any loss of or damage to, or any claim whatsoever of the
Merchant paid or payable to the Merchant by the
non-carrying vessel or object or the owner of, character of
or person responsible for the non-carryingvessel 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 characters.
16. GENERAL AVERAGE
(1) The Carrier may declare General Average which shall
be adjustable according to the York/Antwerp Rules of 1974
at any place at the option of the carrier and the Amended
Jason Clause as approved by BIMCO is to be considered as
incorporated hebein and the Merchant shall provide such
security as may be required by the Carrier in this
connection.
(2) Notwithstanding (1) above, the Merchant shall
defend, indemnify and hold harmless the Carrier in respect
of any claim (and any 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 or stay of execution.
18. LIEN
The Carrier shall have a lien on Goods and any
documents relating thereto for all sums whatsoever due at
any time to the Carrier from the Merchant and for General
Average contributions to whomsoever due and for the costs
of recovering the same and the Carrier shall have the right
to sell the Goods and documents by public auction or
private treaty, without notice to the Merchant and at the
Merchant's expense and without any liability towards the
Merchant
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 provision were not
contained herein.
