RULE: 8 - BILL(S) OF LADING TERMS AND PROVISIONS Eff: 07FEB2017
| Effective | 07FEB2017 |
|---|---|
| Filed | 07FEB2017 |
| 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:
CONDITIONS
1. DEFINITIONS
Carrier means COMBILINE INTERNATIONAL S.P.A. ITALY whose behalf this
of Lading has been signed.
Merchant includes the Shipper, Holder, Consignee, Receiver of the
Goods, any person owning or entitled to the possession of the Goods
or of this Bill of Lading and anyone acting on behalfo f any such
person.
'Holder' means any person for the time being in possession of this
Bill of Lading to whom the property in the Goods has passed on or by
reason of the consignment of the Goods or the endorsement of this
Bill of Lading or o therwise.
'Goods' means the cargo accepted from the Shipper and includes any
Container not supplied by or on behalf of the Carrier.
'Container' includes any container, trailer, transportable tank,
flat, or pallet or any similar article of transport used to
consolidate goods.
'Carriage' means the whole of the operations and services undertaken
by the Carrier in respect of the Goods.
'Combined Transport' arises when the Place of Acceptance and or the
Place of Delivery are indicated on the face hereof.
'Port to Port SHipment' arises whede the Carriage called for by this
Bill of Lading is not Combined Transport.
'Freight' includes all charges payable to the Carrier in
accordance with the applicable Tariff.
2. CARRIER'S TARIFF
The terms of the Carrier's applicable Tariff are incorporated herein.
Copies of the relevant provisions of the applicable Tariff are
obtainable from the Carrier or his a ent upon request. In the case
of inconsistency between the Bill of Lading and the applicable
Tariff, his Bill of Lading shall prevail.
3. WARRANTY
The Merchant s warrants that in agreeing to the terms hereof he is,
or has the authority of, the persono wning or entitled to the
possession of the Goods and this Bill of Lading.
4. SUB-CONTRACTING AND INDEMITY
(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 allegations shall be
made against any person whomsoever by whom the Carriage or any part
of the Carriage is performed or undertaken (other than the Carrier)
which imposes or attempts to impose upon any such person or any
vessel owned by any such person any liability whatsoever in
connection with the Goods whether or not arising out of negligence on
the part of such person and if any such claim or allegation should
nevertheless be made to indemnity the Carrier against all
consequences thereof. Without prejudice to the foregoing every sych
person shall have the benefit of all provisions herein benefiting the
Carrier as if such provisions were expressiv for his benefit, and in
entering into this contract, the Carrier, to the extent of these
provisions, does so not only oh his own behalf, but also as agnet and
trustee for such persons.
5. CARRIER'S RESPONSIBILITY
(a) Port to Port Shipment
Where the Carriage called for by whis Bill of Lading is a Port to
Port Shipment then (1) the liability (if any) of the Carrier for loss
of or damageto the Goods occurring from and during loading onto any
sea-go-ng vessel up to and during discharge from that vessel or from
another sea-going vessel into which the Goods shall have been
transhipped shall be determined in accordance with any national law
making the Hague Rules or the Hague Rules as amended by the Protocol
signed at brussels on 23rd February, 1968 (Hague VIsby Rules)
compulsorily applicable to this Bill of Lading (including the UK
Carriage of Goods by Sea Act 1924, the Australian Sea Carriage of
Goods Act 1924 and the New Zealand Sea Carriage of Goods Act 1940) or
i there be no such national law, in accordance with the Hague Rules
contained in the International Convention for the unification of
certain rules relating to Bills of Lading dated 25th August 192. All
the terms od this Bill of Ladin ((except (B) below) shall apply o
such Carriage save that if any term in this Bill of Lading is
inconsistent with or repugnant to the Hague Rules or the Hague Visby
Rules as the case may be it shall to the extent of such inconsistency
or repugnance and no further be null and void. Notwithstanding the
above, the Carrier's liability, if any, shall be limited to loss of
or damage to the Goods occurring from and during loading on to any
sea-going vessel up to and during discharge from that vessel. (2)
for the purpose of determining the extent of the Carrier's liability
or loss of or damage to the Goods, the sound value of the Goods is
agreed to be the invoice value plus freight and insurance if paid.
(B) Combined Transport
Where the Carriage called for by this Bill of Lading is COmbined
Transport then, save as is otherwise provided in this Bill of Lading,
the Carrier shall be liable for loss or damage occurring during
Carriage to the extent set out below.
(1) Where the stage of Carriage where loss or damage occurred is not
known.
(a) Exclusions
Where the stage of Carriage where the loss or damage occurred it not
known the Carrier shall be relieved of liability for any loss or
damage is such loss or damage was caused by
(i) an act or omission of the Merchant.
(ii) insufficiency of or detective condition of packaging or marking.
(iii) handling, loading, stowage or unloading of the Goods by or on
behalf of the Merchant.
(iv) inherent vice of the Goods.
(v) Strike, lock-out stoppage or restraint of labour the consequences
of which the Carrier coujld not avoid by the exercise of ressobanle
diligence
(vi) a nuclear incident if the operator of a nuclear installation or
a person acting for him is liable for this damage under and
applicable international convention or national law governing
liability is respect of nuclear energy.
(vii) any cause or event which the Carrier could not avoid and the
consequence whereof be could not prevent by the exercise of resonable
diligence.
(b) Burden of Proof
To burden of proving that the loss or damage was due to one or more
of the causes or events specified in this sub-clause (B)(1) shall
rest upon the Carrier Save that, when the Carrier establishes that in
the circumstances of the case, the loss or damage could be attributed
to one or more of the causes or events specified in paragraphs
(a)(ii),(iii) or (iv) above. It shall be presumed that ir was so
caused. The Merchant shall however, be entitled to prove that the
loss or damage was not, in fact caused either wholly or partly by one
or more of these causes or events
(c) Amount of Compensation
(i) Compensation shall be calculated by reference to the value of
such Goods at the place and time when they are delivered to the
Merchant or at the place and time when they should have been
delivered.
(ii) The value of the Goods shall be determined according to the
current commodity exchange price or if there is no such price
according to the current market price, or if there is no commodity
exchange price or current market price, by reference to the normal
value of goods of the same kind and quality.
(iii) Except as provided in sub-clause (C)(3) below, compensation
shall in no circumstances whatsoever and howsoever arising exceed
US$2.50 per kilo of the gross weight ot the goods lost or damadef
(2) Where the stage of the Carriage where loss or damage occurred is
known
Notwithstanding snything provided for in sub-clause (B)(1) above and
subject to Clause 14 (Deck Cargo) and Livestock), where it is known
during which stage of Carriage the loss or damage occurred the
liability of the Carrier in respect of such loss or damage shall be
determined (a) by the provisions contained in any international
convention or national law, which provisions.
(i) cannot de departed from by private contract to the detriment of
the Merchant, and
(ii) 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 received as
evidence thereof any particular documents which must be issued in
order to make such international convention or national law
applicable; Provided that an international convention or national law
will determine the Carrier's liability as aforesaid only if it would
have been applicable if the contract referred to in
(a) above were goverened
(A) where the loss or damage occurred between the time that the Goods
were received by he Carrier for Carriage and the time that the Goods
were loaded at the port of loading by the internal law of the state
of the place of recept or
(B) where the loss or damage occurred during carriage by sea, by the
internal law of the state of the final port of discharge or
(C) where the loss or damage occurred between the time that the Goods
were discharged at the final port of discharge and the time that the
Goods were delivered to the Merchant by the internallaw the State of
the place of delivery or
(B) where no international convention or national law would apply by
virtue of (a) above, by the Hague Rules contained in the
nternational Convention for the unification of certain rules
relating to Bills of Lading dated 25th August 1924. If the loss or
damage is known to have occurred at sea or on inland waterways, or
(c) by the provisions of sub-clause (B)(1) in cases where the
provisions of paragraphs (a) and (b) above do not apply.
Where under the provisions of this sub-clause (B)(2) to the liability
of the Carrier shall be determined by the provisions of any
international convention or national law, this liability shall be
determined as though the Carrier were the carrier referred to in any
such convention or national law.
References in this sub-clause (B)(2) to the internal law of a state
shall be deemed to exclude all principles of private international
law applied by that state.
For the purposes of this sub-clause (B)(2) references in the Hague
Rules to carriage by sea shall be eemed to include references to
carriage by inland waterways and the Hague Rules shall be construed
accordingly.
(3) Special Provisions for Combined Transport
(a) 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 or
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 whith seven consecutive days thereafter.
(b) Time-bar
Subject o t any provision of this Clause 5 to the contrary the
Carrier shall be discharged of all liability under this Bill of
Lading unless suit is brought and notice thereof given to the Carrier
within nine months after delivery of the Goods or the date when the
Goods should have been delivered.
(c) Exclusion of Limitation
The Carrier shall be entitled to the benefit of the limitation of
ability provided for in (B)(1)(c) above if it is proved that the loss
or damage resulted from an act or omission of the Carrier done with
intent to cause damage or recklessly and with knowledge that damage
would probably result.
(C) General (applicable to both Port to Port Shipment and Combined
Transport)
(1) Delay
The Carrier does not undertake that the Goods shall arrive at the
port of discharge or place of delivery at any particular time or to
meet any particular market or use and save as provided in sub-clause
(B)(2) above the Carrier shall in no circumstances be liable for
direct indirect or consequential loss or damage caused by delay.
Where under the provisions of (B)(2) above the a Carrier is liable
for delay, liability shall be limited to the element of the freight
applicable to the relevant stage of transport provided this is not
contrary to the international convention or national law concerned.
(2) Supply of Containers
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 for Carriage or delivered to the
Merchant.
(3) Ad Valorem
Higher compensation may be claimed only when, with the consent of the
Carrier, the value of the Goods declared by the Shipper, which
exceeds the limits laid down in the Clause, has been stated in this
Bill of Lading and extra freight paid if required. In that case the
amount of the delcared value shall be substituted for those limits.
Any partial loss or damage shall be adjusted pro rate on the basis of
such declared value.
(4) Hague Rules Limitation
Subject (3) above, whenever Hague Rules are applicable, otherwise
than by national law, in determining the liability of the Carrier,
the liability shall in no event exceed 2100 sterling per package or
unit
(5) Scope of Application
Save as otherwise provided herein, the Carrier shall in no
circumstances whatsoever or howsoever arising be liable for direct or
indirect or consequential los od damage. The defences and limits of
liability provided for in this Bill of Lading shall apply in any
action against the Carrier for loss or damage or delay whether the
action be founded in Contract or in Tort.
6. SHIPPER-PACKED CONTAINERS
If a Container has not been stowed by or on behalf of the Carrier
(a) the Carrier shall not be liable for loss or damage to the Goods
caused by.
(i) the meaner in which the Container has been stowed; or
(ii) the unsuitability of the Goods for carriage in Containers; or
(iii) the unsuitability or detective condision of the Container
provided that where the Container has been provided by or on behalf
of the Carrier this paragraph (a) shall only apply in the
unsuitability or defective condition arose with any want of due
diligence on the part of the Carrier or would have been apparent upon
reasonable inspection by the merchant or prior to the time when the
Container ws stowed.
(b) the Merchant shall indemnify the Carrier against any los, damage
liability or expense whatsoever and howsoever arising caused by on or
more of the matters referred to in paragraph (a)(i),(iii) above, save
that where the loss, damage. Liability or expense was caused by a
matter referred to in paragraph (a)(iii) the Merchant shall not be
liable to indembify the Carrier in respect thereof unless both the
provises referred to in that paragraph apply.
7. INSPECTION OF GOODS
The Carrier or any person to whom the Carrier has sub-contracted the
Carriage or an person authorised by the Carrier shall be entitled but
under no obligation, to open an COntainer or package at any time and
to inspect the Goods.
8. CARRIAGE AFFECTED BY CONDITION OF GOODS
If it appears at any time that the Goods or any part thereof cannot
safely or properly be carried or carried further, either at all or
without incurring any additional expense or taking any measure(s) in
relation to the Container or the Goods or any part thereof, the
Carrier may without notice to the Merchant take any measure(s) and,
incurany reasonable additional expense to carry or to continue the
Carriage thereof, and or abandon the Carriage and or store the same
ashore or afloat under cover in the open at any place, which
abandonment o storage shall be deemed to constitute due delivery
under this Bill of Lading. T he Merchant shall indemnifi the Carrier
against any reasonable additional expense so incurred.
9. DESCRIPTIONS OF GOODS
(1) This Bill od Lagind shall be prima facie evidence of the receipt
by the Carrier in apparent good order and condition except as
otherwise noted, of the total number of COntainers, packages or other
units or weight of other car goes specified on the face thereof Proof
to the contrary shall not be admissible when this Bill of Lading has
been transferred to a hird party acting in good faith.
(2) Except as provided in sub-clause (9)(1) above no representation's
made by the Carrier as to the weight contents, measure, quantity
quality, description, condition, marks, number or values of Goods and
the Carrier shall be under no responsibility whatsoever in respect of
such description or particulars.
10. SHIPPER'S RESPONSIBILITY
(1) The Shipper warrants to the Carrier that the particulars relating
to the Goods as set out o vrleaf have been checked by the Shipper on
receipt of this Bill of Lading and that such particulars and any
other particulars furnished by or on behalf of the Shipper are
correct.
(2) The Shipper shall indemnify the Carrier against all loss, damage,
fines and expenses arising or resulting from inaccurancies, or
inadeguacy of such particulars or from any other cause in connection
with the Goods for shich the Carrier is not responsible.
11. FREIGHT AND CHARGES
(1) Freight 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 Merchant's attention is drawn to the stipulations concerning
currency in which the Freight is to be paid, rate or exchange,
devaluation and other contingencies relative to Freight in the
applicable Tariff.
(3) The Freight has been calculated on the basis of particulars
furnished by or on behalf of the Shipper The Carrier may at any time
open any Container or other package or unit in order to reweigh,
remeasure or revalue the contents, and if the particulars furnished
by or o behalf of the Shipper are incorrect, it is agreed that a sum
equal to either five times.
(4) Exceptasmay be provided to the contrary in the applicable Tariff,
unpaid charges shall be paid without any set-off counter-claim
deduction or stay of execution.
(5) Freight and liquidated damages under sub-clause 11 (3) above may
be recovered by the Carrier from any person falling within the
definition of Merchant in Clause 1, Whether or not such person is the
Shipper.
12. LIEN
The Carrier shall have a lien on the Goods and any documents relating
thereto for all sums payable to the Carrier under this contract and
for general average contributions to whomsoever due and for the cost
of recovering the same and for that purpose shall have the right to
sell the Goods by public auction or private treaty without notice to
the Merchant.
13. OPTIONAL STOWAGE
(1) The Goods may be stowed in poop lorecastle, deck house shelter
deck, passenger space, bunker space or any covered-in space commonly
used in the trade for the carriage of goods.
(2) The Goods may be stowed by the Carrier in COntainers.
(3) Goods stowed in COntainers other than flat or pallets whether by
the Carrier or the Merchant, may be carried on deck or under deck
without notice to the Merchant Such Goods (other than livestock)
whether carried on deck or under deck shall participate in general
average and shall be deemed to be with the definition of goods for
the purposes of the Hague Rules (or where the hague Visby Rules would
be applicable to the Carriage under the provisions of Clause 5
(Carrier's Responsibility) here of for the purposes of the Hague
Visby Rules).
14. DECK CARGO (AND LIVESTOCK)
(1) Goods (not being stowed in Containers other than hats or pallets
which are stated herein to be carried on deck (and livestock, whether
or not carrier on deck) are carrier without responsibility on the
part of the Carrier for loss or damage to whatsoever nature arising
during Carriage by sea whether caused by unseaworthiness or
negligence or any other cause whatsoever.
(2) Livestock are carried at the sole risk of the Merchant. The
Carrier shall be under no liability whatsoever for any injury,
Illness, death, delay or destruction howsoever arising even though
caused or contributed to by the act neglect or default of the Carrier
or by the unseaworthiness or unfitness of any vessel, craft,
conveyance, Container or other place existing at any time. In the
even of the Master, in his sole discretion, considering that an
livestock is likely to be injurios to the health of any other
livestock or of any person on board or to cause the vessel to be
delayed or impeded in the prosecution of the voyage such livestock
may be destroyed and thrown overboard without any liability to the
Carrier. The Merchant shall indemnify the Carrier against all and
any extra cost incurred for any reason whatsoever in connectionith
the carriage of such livestock.
15. METHODS AND ROUTE OF TRANSPORTATION
(1) The carrier may at any time and without notice to the Merchant
(a) use any means of transport or storage whatsoever
(b) Transfer the Goods from one conveyance to another including
transshipping or carrying the same on another vessel than that named
on the face hereof or by any other means of transport whatsoever.
(c) unpack and remove Goods which have been stowed into a Container
and forward the same in a Container or otherwise.
(d) proceed 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 or port xhatsoever once or more often and in
any order.
(e) load or unload the Goods at any place or port (whether or any
such port is named overleaf as the Port of Loading or Port of
Disharfge) and store the Goods at any such place or port.
(f) comply with any orders or recommendations given by any government
or authority 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.
(g) permit the vessel to proceed with or without pilot.
(2) The liberties set out in sub-clause (1) may be involved by the
Carrier for any purpose whatsoever whether or not connected with the
Carriage of the Goods including undergoing repairs, to wing or being
towed, adjusting instruments, dry docking and assisting vessls in all
actrutions. Anything done in acceptance with sub-clause (1) or any
delay arising therefrom shall be deemed to be within the contractual
carriage and shall not be a devision.
(3) By tendering Goods for Carriage without any written request for
Carriage in specialised Container or for Carriage otherwise than in a
Container the Merchant accepts that the Carriage may properly by
undertaken in a general purpose Container.
16. MATTERS AFFECTING PERFORMANCE
If at any time the Carriage is or is likely to be affected by any
hidrance, risk, delay, difficulty or disadvantage of any kind (other
than the inability of the Goofs or any part thereof safely or
property to be carried or camed further) and howsoever arising (even
though the circumstances giving rise to such hindrance, risk, delay,
difficulty or disadvantage existed at the time this contract was
entered into or the Goods were accepted for carriage) and which
cannot be avoided b the exercise of ressonable endeavours the Carrier
(whether or not the Carriage is commenced) may either.
(a) Without notice to the Merchant abandon the Carriage of the GFoofs
and place the Goods or any part of them at the Merchant's disposal at
any place or port which the Carrier may deem safe and convenient,
where upon the responsibility of the Carrier in respect of such Goods
shall casse. The Carrier shall nevertheless by entitled to full
freight on Goods received for Carriage and the Merchant shall pay any
additional costs of Carriage to and delivery and storage at such
place or port, or
(b) without prejudice to the Carrier's right subsequently to abandon
the carriage under (a), upon notice to the Merchant suspend Carriage
of the Goods or any part of them and store them ashore or afloat upon
the terms of this Bill of Lading, against payment of such reasobable
additional charges as the Carrier may determine. The Carrier
undertakes to use best endeavors to forward Goods, the Carriage of
which has been suspended as soon as possible after the cause of
hinderance, risk, delay, difficulty or disadvantage has been removed
but makes no representations as to the maximum period between such
removal and the forwarding of the Goods to the Place of Delivery name
in hte Bill of Lading.
17. DANGEROUS GOODS
(1) No goods which are or may become dangerous, inflammable or
damaging (including radio-active materials), or which are or may
become liable to damage am property whatsoever, shall be tendered to
the carrier for Carriage without his express 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 any applicable laws, regulations or requirements.
If any such articles are delivered to the Carrier without such
written consent and making or it 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 by destroyed, disposed of,
abandoned, or rendered harmless without compensation to the Merchant
and without prejudice to the Carrier's right to Freight.
(2) the Merchant undertakes that the Goods are packed in a manner
adequate to withstand that ordinary risks of Carriage having regard
to their nature and in complicance with all laws or regulations which
may be applicable during Carriage.
(3) Whether or not the Merchant was aware of the nature of the goods
the Merchant shall indemnify the Carrier against all claims, losses,
damages or expenses arising in consequence of any breach of the
provisions of this Clause.
(4) Nothing contained in this Clause shall deprive the carrier of any
of his rights otherwise provided for.
18. REGULATIONS RELATING TO GOODS
The Merchant shall comply with all regulations or requirements of
customs, port and other authorities, and shall bear and pay all
duties, taxes, fines, imposts, expenses or losses incurred or
suffered by resson there of or by reason of any illegal, incorrect or
insufficient marking, numbering or addressing of the Goods, and shall
indemnify the Carrier in respect thereof.
19. NOTIFICATION AND DELIVERY
(1) 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
not relieve the Merchant of any obligation hereunder.
(2) Where the Carriage called for by this Bill of Lading is a Port to
Port Shipment the Carrier shall be at liberty to discharge the Goods
or any part thereof without notice directly they come to hand at or
on to any what craft or place on any day and at any time, whereupon
the liability of the Carrier (in any) in respect of the Goods or that
part thereof discharged as a foresaid shall wholly cease
notwithstanding any custom of the port to the contrary and
notwithstanding that any charges, dues or other expenses may be or
become payable. If craft are used, other than at the request of the
Merchant in circumstances where the Goods or that part thereof so
discharged could have been discharged ashore without additional delay
the Goods (or that part thereof as the case may be) shall
nevertheless not be deemed to be discharged for the purposes of this
Clause and of Clause 5 until they are discharged from such craft.
The Merchant shall take delivery of the Goods upon discharge. All
expenses incurred by reason of the Merchant's failure to take
delivery of the Goods as aforesaid shall be for the Merchant's
account.
(3) Where the Carriage called for by this Bill of Lading is Combined
Transport the merchant shall take delivery of the Goods within the
time provided for in the Carrier's applicable Tariff (see Clause 2)
(4) 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 ipon the Merchant to take delivery thereof, whether he
carriage is called for by this Bill of Lading is a Port to Port
Shipment or Combined Transport the Carrier shall e entitled without
notice to unstow the Goods or that part thereof if stowed in
Containers and/or to store the Goods or that part thereof as here
afloat in the open or under convert at the sole risk of the Merchant.
Such storage shall constitute due delivery hereunder and there upon
the liability of the Carrier in respect of the Goods or that part
thereof stored, storesail (as the case may be) shall wholly cease and
the cost of such storage (if paid or payable by the Carrier or any
agent or sub-contractor of the Carrier) shall forth with upon demand
by paid by the Merchant to the Carrier
(5) If the Merchant talk to take delivery o' the Goods within thirty
days of it becoming due under sub-clause (2) or (3) above or if in
the opinion of the Carrier they are likely to deteriorate, decay
become worthless or incur charges whether for storage or otherwise in
excess of their value, and whether the Carriage is a Port to Port
SHipment or Combined Transport, the Carrier may without prejudice to
any other rights which he may have against the Merchant, without
notice and without any responsibilita whatsoever attaching to him
sell or dispose of the Goods and apply the proceeds of sale in
reduction of the sums due to the Carrier from the Merchant in respect
of this Bill of Lading.
20. BOTH-TO BLAME COLLISION
If the (carrying) ship comes into collision with another ship as a
result of the negligence of the other ship and any act, neglector
default in the navigation or the management of the carrying ship the
Merchant undertakes to pay the Carrier, or where the Carrier is not
the owner and in possession of the carrying ship to pay to the
Carrier as trustee for the owner and/or demise charterer of the
carrying ship a sum sufficient to indemnify the Carrier and/or the
owner and/or demise charterer of the carrying ship against all loss
or liability to the other or non-carrying ship or her owners insofar
as such loss or liability represents loss of or damage to or any
claim whatsoever of the Merchant paid or payable by the other or
non-carrying whip or her oners to the Merchant and set-off recouped
or recovered by the either or non-carrying ship or her owners as part
of their claim against the carrying ship or her owner or demise
charterer or the Carrier. The foregoing provisions shall ake apply
where the owners operators, or those in charge or any ship or ships
or objects, other than or in addition to the colliding ships or
objects, are at fault in respect to a collision contact, standing or
other accident.
21. GENERAL AVERAGE
General average shall be adjustable to the York/Antwerp Rules of 1974
at any port or place at the option of the Carrier whether declared by
the Carrier or a sub-contractor of the Carrier. The Merchant shall
give such cash deposit or other security as the Carrier may deem
sufficient to cover the estimated general average contribution of hte
Goods before delivery if the Carrier requires, or if the Carrier does
not so require within three months of the delivery of the Goods,
wehter or not at the time of delivery the Merchant had notice or the
Carrier lien. The Carrier shall be under no obligation to exercise
any lien for general average contribution due to the Merchant.
22. VARIATION OF THE CONTRACT, ETC.
No servant of 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 raified in writing by the Carrier.
23. LAW AND JURISDICTION
Any claim or dispute arising under this Bill of Lading shall be
determined by the Courts of the country where the Carrier has its
principal place of business and according to the law of those courts
or at the option of the Merchant, by the Italy courts according to
Italy law where the Carriage includes shipment to or from Italy and
by the Italy according to Italy law where the Carriage includes
shipment to or from Italy.
