RULE: 8 - BILL(S) OF LADING TERMS AND PROVISIONS Eff: 27JAN2017
| Effective | 27JAN2017 |
|---|---|
| Filed | 27JAN2017 |
| 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. DAPEX, INC. BILL OF LADDING TERMS AND CONDITIONS
Notwithstanding the heading "Combined Transport Bill of Lading" the
provisions set out and referred to in this document shall also apply if
transport as described on the face of the Bill of Lading is performed by
one mode of transport only RECEIVED by the Carrier from the Merchant in
apparent good order and condition unless otherwise indicated, the Goods,
or the container(s) or package(s) said to contain the Goods, to be
carried subject to all the terms on the face and back of this Bill of
Lading, from the place of receipt or the port of loading to the port of
discharge or place of delivery, there to be delivered. If required by
the Carrier, this bill of Lading duly endorsed must be surrendered in
exchange for the Goods or delivery order. None of the terms of this Bill
of Lading can be waived by or for the Carrier except by express waiver
signed by a duly authorized agent of Carrier.
1. Definitions: When used in this Bill of Lading
(A) "Carrier" means DAPEX, INC.
(B) "Inland Carrier" means Carriers (other than the Carrier) by land,
water or air, participating in combined transport of the Goods,
whether acting as Carrier or bailee.
(C) "Combined Transport" means carriage of the Goods under this Bill of
Lading from place of receipt from Merchant to place of delivery to
Merchant by the Carrier plus one or more Inland Carriers.
(D) "Port-to-Port Transportation" means carriage of the Goods under this
Bill of Lading other than combined transport.
(E) "Merchant" includes the shipper, consignor, consignee, owner, and
receiver of the Goods and the holder of this Bill of Lading.
(F) "Goods" mean the cargo described on the face of this Bill of Lading
and, if the cargo is stuffed into container(s) supplied or furnished
by or on behalf of the Merchant, include the container(s) as well.
(G) "Vessel" includes the vessel named on the face of this Bill of Lading
and any ship, craft, lighter, barge or other means of transport that
is substituted in whole or in part for that vessel.
(H) "Container" includes any containers (including an open top container)
flat rack, platform, trailer, transportable tank, pallet or any other
device used for transportation of goods.
(I) "Package" means (1) the Container when the Goods are shipped in a
Container; (2) the skid or pallet when Goods are shipped on a skid or
pallet and stuffed in a Container, and the Container is adjudged not
to be the package for the purposes of the Carrier's limitation of
liability; (3) the skid or pallet when Goods are shipped on a skid or
pallet but not in a Container; (4) that shipping unit which contains
the greatest quantity of the Goods and to which some packaging
preparation for transportation has been made which facilitates
handling even though it does not conceal or completely enclose the
Goods. This clause does not apply to Goods shipped in bulk, and it
supersedes any inconsistent provision which may be printed, stamped
or written elsewhere in this Bill of Lading.
(J) "Customary Freight Unit" or "Unit" as used herein includes each
unpackaged vehicle, or other piece of unpackaged cargo on which
freight is calculated.
(K) "Subcontractor" includes, without limitation, stevedores,
longshoremen, lighterers, terminal operators, warehousemen, truckers,
agents, servants, and any person, firm, corporation or other legal
entity which performs services incidental to the carriage of the Goods.
(L) "Stuffed" means filled, consolidated, packed, loaded, or secured.
(M) "United States" or "U.S." means the United States of America.
(N) "GBP" means British Pound Sterling
(O) "USD" means United States Dollar
2. Clause Paramount.
All carriage under this bill of lading to or from the United States shall
have effect subject to the provisions of the Carriage of Goods by Sea Act
of the United States 1936, 46 U.S.C. P1300-1315 as amended (hereinafter
"U.S. COGSA"), the terms of which shall be incorporated herein. All
carriage to or from other states shall be governed by the law of any
state making the Hague Rules or Hague-Visby rules compulsorily applicable
to this Bill of Lading or if there is no such law, in accordance with the
Hague Rules. The provisions of applicable law as set forth above shall
apply to carriage of goods by inland waterways and reference to carriage
by sea in such rules shall be deemed to include reference to inland
waterways. Except as may be otherwise specifically provided herein,
said law shall govern before the goods are loaded on and after they are
discharged from the vessel whether the goods are carried on deck or under
deck and throughout the entire time the goods are in the custody of the
Carrier.
3. Jurisdiction
This contract is to be governed by laws of the State of New York with the
exception of its conflict of law principles. In all disputes to which
this Bill of Lading pertains may only be instituted in the United States
District Court for the Southern District of New York. Merchant and
Carrier each agree that they are subject to the personal jurisdiction of
that Court.
4. Limitation of Liability Statutes
Nothing in this Bill of Lading shall operate to limit or deprive the
Carrier of any statutory protection, exemption from, or limitation of
liability authorized by the applicable laws, statutes, or regulations
of any country.
5. Sub-Contracting: Exemptions and Immunities of Subcontractors
The Carrier shall be entitled to subcontract on any terms the whole or
part of the handling, storage, or carriage of the Goods and any and all
duties whatsoever undertaken by the Carrier in relation to the Goods.
Every servant and agent or subcontractor (including sub-subcontractor)
(as defined in Article 1 (K)) shall be entitled to the same rights,
exemptions from liability, defenses and immunities to which Carrier is
entitled. For these purposes, Carrier shall be deemed to be acting as
agent or trustee for such servants or agents or subcontractors who shall
be deemed to be parties to the contract evidenced in this Bill of Lading.
6. Merchant's Responsibility.
(A) Description of the Goods.
(1) Unless the Goods have been stuffed into the Container(s) by or on
behalf of the Carrier, this Bill of Lading shall be prima facie
evidence of the receipt by the Carrier from the Shipper in
apparent good order and condition, except as otherwise noted
on the face hereof, of the total number of Containers indicated
in the box on the face hereof entitled "no. of pkgs."
(2) Any references to letters of credit, import licenses, sales
contracts, invoices or order number and/or details of any contract
to which the Carrier is not a party when shown on the face of this
Bill of Lading are included solely at the request of the Merchant
for his convenience and the Merchant agrees that the inclusion of
such particulars shall not be regarded as a declaration of value
nor shall they increase the Carrier's liability under this Bill of
Lading. The merchant further agrees to indemnify the Carrier
against all consequences including such particulars in this Bill of
Lading.
(3) The Merchant warrants that the particulars relating to the Goods
as set out overleaf have been checked by the Shipper on receipt
of this Bill of Lading and those particulars, and any other
particulars furnished by or on behalf of the Shipper, are adequate
and correct. The Merchant also warrants that the Goods are lawful
Goods and contain no contraband.
(B) The Merchant warrants that in agreeing to the terms and conditions
hereof he is, or has the authority of, the Person owning or entitled
to the possession of the Goods and this Bill of Lading. When
containers, vans, skids, trailers, portable tanks, palletized units,
and other cargo units are not packed or loaded by the Carrier, the
Carrier does not represent to be accurate and is not bound by any
description of the value, quantity, weight, condition or existence
of the contents thereof as furnished by or on behalf of Shipper or
identified in this bill of lading by use of the phrase "said to
contain", "shipper's weight load and count", or terms of like
meaning, and the Carrier in such case shall not be liable for any
difference in value, quantity, weight or condition of the Goods
furnished by or on behalf of the Shipper and that of the Goods
actually delivered. The Carrier shall have no responsibility or
liability whatsoever for the packing, loading, securing, shoring
and/or stowage of contents of such cargo units, or for loss or
damage caused thereby or resulting therefrom. The Merchant, with
respect to cargo units not packed or laded by Carrier, represents
and warrants:
(a) that the Goods are properly described, marked, secured, and
packed in their respective cargo units;
(b) that any cargo units other than Carrier-furnished units are
seaworthy and physically suitable, sound, and structurally
adequate properly to contain and support the Goods during handling
and the transportation contemplated by the Bill of Lading, and
that such cargo-units may be handled in the usual and customary
manner without damage to themselves or to their contents, or to
the Vessel or its other cargo, or property, or persons;
(c) that all particulars with regard to the cargo units and their
contents, and the weight of each said cargo unit, are in all
respects correct; and
(d) that such units are in compliance with all applicable government
regulations. Shipper and Consignee, jointly and severally, agree to
indemnify Carrier and to hold it harmless in respect of any injury
or death of any person, or any loss or damage to cargo or any other
property or to the Vessel or any other vessel, or any other loss or
expense, including, but not limited to, lost profits and attorneys'
fees, caused by breach or any of the foregoing representations or
warranties.
(C) 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 the Carrier by reason thereof or by reason of any
illegal, incorrect, or insufficient marking, numbering, or
addressing of the Goods or any other illegal act and shall
indemnify the Carrier in respect thereof by reason of any failure
to so comply.
(D) Merchant acknowledges that regulations issued by the United States
require Carrier to transmit certain information to U.S. Customs
twenty-four hours prior to lading of Goods consigned to or from the
United States, including, without limitation, precise commodity
descriptions numbers and quantities of the lowest external packaging
unit, the shippers complete name and address, the consignee's or the
owner's or the owner's representative's complete name and address,
hazardous material codes, and container seal numbers. The Merchant
warrants to the Carrier that the descriptions and particulars
furnished by him are correct, and the Merchant shall indemnify the
Carrier against all loss, damage, expenses, liability, penalties and
fines arising or resulting from delay in providing or inaccuracy of
any description or particular.
(E) Whenever a Shipper or Consignee, or an agent or contractor acting
on behalf of either of them, shall take possession of Carrier's
container equipment, the Shipper or Consignee in possession, or for
the benefit of whom an agent or contractor has taken possession,
shall defend, indemnify and hold harmless the Carrier from and
against any loss or damage to Carrier's equipment and third party
property and injury to or death of persons arising out of the use of
said equipment.
7. Carrier's Responsibility
(A) Insofar as this Bill of Lading is used for Port-to-Port
Transportation of the Goods, the Carrier shall not be responsible
for loss of or damage to the Goods caused from and during loading
onto vessel up to and during discharge from the vessel and the
Carrier shall not be liable for any loss or damage whatsoever in
respect of the goods or for any other matter arising during any
other part of the Carriage even though the charges for the whole
Carriage have been charged by the Carrier. The merchant appoints
and/or authorizes 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 off 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 of Lading.
(B) Insofar as this Bill of Lading is used for combined transport of the
Goods:
(1) The responsibility of the Carrier and each Inland Carrier with
respect to the Goods shall be limited to the period when the
Carrier has custody of the Goods, and no Carrier, either Ocean or
Inland, shall be responsible for any loss or damage caused while
the Goods are not in its custody. Any claim for loss of, or damage
to the Goods, including loss or damages resulting from delay,
should be made against the Carrier having custody of the Goods
when the loss or damage or delay was caused.
(2) The Carrier acts as agent for Merchant with regard to procuring
inland and ocean transportation. If, for any reason, it is adjudged
that the Carrier was not acting as the Merchant's agent, then in
addition to the defenses and limitation of liability permitted to
the Carrier by law and by this bill of lading, the Carrier shall
also have the benefit of all defenses available to the participating
Inland Carrier(s) by law and by the terms of its or their
contracts of Carriage and tariffs, all of which shall be deemed
incorporated in this bill of lading, as applicable and with
respect to inland transportation of the Goods, Carrier will be
afforded all of the defenses according to the provisions of any
International Convention or national law which is compulsorily
applicable in the country, where the inland transportation took
place or, if no such law or convention is applicable, then
according to the participating Inland Carrier's contracts of
carriage and/or tariffs, if any.
(C) 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 as follows:
(1) If the place where the loss or damage occurred cannot be proven:
(a) The Carrier shall be entitled to rely upon all Defenses under
COGSA, the Hague Rules or the Hague-Visby Rules under Article
2 above had the loss or damage occurred at sea or where the loss
or damage occurred cannot be proved, said loss or damage shall
be presumed to have occurred at sea.
(b) Where under (1) above, the Carrier is not liable in respect of
some of the factors causing the loss or damage, the Carrier
shall only be liable to the extent that those factors for which
he is liable have contributed to the loss or damage.
(c) Subject to Article 23, where the Hague Rules (such as COGSA) or
the Hague-Visby Rules or any legislation applying either Rules
is not compulsorily applicable, the Carrier's liability shall
not exceed USD 500 per package or shipping unit or USD 2.00 per
kilo of the gross weight of the Goods lost or damaged in respect
of which the claim arises, or the value of such Goods, whichever
is the less.
(d) The value of the goods shall be determined according to the
invoice value, plus freight and insurance, if paid.
(2) If the place where the loss or damage occurred can be proved:
(a) the liability of the Carrier shall be determined by the
provisions contained in any international convention or national
law of the country which provisions:
(i) cannot be 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 had
received as evidence thereof any particular document which must
be issued in order to make such international convention or
national law applicable;
(b) with respect to the transportation in the United States of
America 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 contract of carriage and
tariffs and any law compulsorily applicable. The Carrier
guarantees the fulfillment of such inland Carrier's obligations
under their contracts and tariffs;
(c) where neither (1) or (2) above apply any liability of the Carrier
shall be determined by 7(B) above.
(D) Notwithstanding subparts (A), (B) or (C) above, the Carrier does not
undertake that the Goods will be transported from or loaded at the
place of receiving or loading or will arrive at the place of
discharge, destination or transshipment aboard any particular
vessel or other conveyance or at any particular date or time or to
meet any particular market or in time for any particular use.
Scheduled or advertised departure and arrival times are only
expected times and may be advanced or delayed if the Carrier or
any Connecting Carrier shall find it necessary, prudent or
convenient. In no event shall the Carrier be liable for
consequential or other damages for delay in the scheduled
departures or arrivals of the vessel or other conveyance
transporting the Goods or for any other matter.
8. Carrier's Liberties
(A) In any situation whatsoever whether or not existing or anticipated
before commencement of or during the transport, which in the
judgment of the Carrier (including for the purpose of this Article
the Master and any person charged with the transport or safekeeping
of the Goods) has given or is likely to give rise to danger, injury,
loss, delay, or disadvantage of whatsoever nature to the Vessel, the
Carrier, a vehicle, any person, the Goods or any property, or has
rendered or is likely to render it in any way unsafe, impracticable,
unlawful, or against the interest of the Carrier or the Merchant to
commence or continue the transport or to discharge the Goods at the
port of discharge or to deliver the Goods at the place of delivery
by the route and in the manner originally intended by the Carrier,
the Carrier
(1) at any time shall be entitled to unpack the container(s) or
otherwise dispose of the Goods in such way as the Carrier may
deem advisable at the risk and expense of the Merchant and/or
(2) before the Goods are loaded on the Vessel, a vehicle, or other
means of transport at the place of receipt or port of loading,
shall be entitled to cancel the contract of carriage without
compensation and to require the Merchant to take delivery of
the Goods and, upon his failure to do so, to warehouse or place
them at any place selected by the Carrier at the risk and expense
of the Merchant and/or
(3) if the Goods are at a place awaiting transshipment, shall be
entitled to terminate the transport there and to store them at any
place selected by the Carrier at the risk and expense of the
Merchant, and/or
(4) if the Goods are loaded on the Vessel, a vehicle, or other means
of transport whether or not approaching, entering, or attempting
to enter the port of discharge or to reach the place of delivery
or attempting or commencing to discharge, shall be entitled to
discharge the Goods or any part of them at any port or place
selected by the Carrier or to carry them back to the port of
loading or place of receipt and there discharge them.
Any actions under (3) or (4) above shall constitute complete and
final delivery and full performance of this contract, and the
Carrier thereafter shall be free from any responsibility for
carriage of the Goods.
(B) If, after storage, discharge, or any actions according to subpart
(A) above the Carrier makes arrangements to store and/or forward
the Goods, it is agreed that he shall do so only as agent for and
at the sole risk and expense of the Merchant without any liability
whatsoever in respect of such agency. The Merchant shall reimburse
the Carrier forthwith upon demand for all extra freight charges and
expenses incurred for any actions taken according to subpart (A),
including delay or expense to the Vessel, and the Carrier shall
have a lien upon the Goods to that extent.
(C) The situations referred to in subpart (A) above shall include, but
shall not be limited to, those caused by the existence or
apprehension of war declared or undeclared, hostilities, riots,
civil commotions, or other disturbances closure of, obstacle in,
or danger to any port or canal, blockade, prohibition, or
restriction on commerce or trading quarantine, sanitary, or other
similar regulations or restrictions,, strikes, lockouts or other
labor troubles whether partial or general and whether or not
involving employees of the Carrier or its Subcontractors,
congestion of port, wharf, sea terminal, or similar place,
shortage, absence or obstacles of labor or facilities for
loading, discharge, delivery, or other handling of the Goods,
epidemics or diseases, bad weather, shallow water, ice, landslip,
or other obstacles in navigation or carriage.
(D) The Carrier, in addition to all other liberties provided for in
this Article, shall have liberty to comply with orders, directions,
regulations or suggestions as to navigation or the carriage or
handling of the Goods or the Vessel howsoever given, by any actual
or purported government or public authority, or by any committee or
person having under the terms of any insurance on the Vessel, the
right to give such order, direction, regulation, or suggestion. If
by reason of and/or in compliance with any such order, direction,
regulation, or suggestions, anything is done or is not done the
same shall be deemed to be included within the contractual carriage
and shall not be a deviation.
10. Container Packed by Merchant
If the cargo received by the Ocean or Inland Carrier is in a container
packed by or on behalf of the Merchant:
(A) This Bill of Lading is prima facie evidence of the receipt only of
the number on the face of this Bill of Lading. The condition and
particulars of the contents are unknown to the Ocean and Inland
Carriers, and the Carrier accepts no responsibility for the
accuracy of the description of condition or particulars.
(B) The Merchant warrants (1) that the stowage of the contents of the
containers and the closing and sealing of the containers are safe
and proper, and (2) that the containers and their contents are
suitable for handling and carriage in accordance with the terms of
this Bill of Lading, including Article 13. In the event of the
Merchant's breach of any of these warranties, the Merchant and not
the Carrier shall be responsible for, and the Merchant shall
indemnify and hold Carrier harmless from, any resulting loss or
damage to persons or property (including the Goods).
(C) The Merchant shall inspect the container when it is furnished by
or on behalf of the Carrier, and the container shall be deemed to
have been accepted by the Merchant as being in sound and suitable
condition for the purpose of the transport contracted for in this
Bill of Lading, unless the Merchant gives notice to the contrary,
in writing, to the Carrier before the transport.
(D) If the container is delivered after transport by the Ocean or
Inland Carrier with seals intact, such delivery shall be deemed to
be full and complete performance of the Carrier's obligation under
this Bill of Lading, and the Carrier shall not be liable for any
loss of or damage to the contents of the container.
(E) The Ocean and Inland Carrier shall have the right to open the
container and to inspect its contents without notice to the Merchant,
at such time and place as the Ocean or Inland Carrier may deem
necessary, and all expenses incurred therefrom shall be borne by
the Merchant.
(F) If any seal of the container is broken by customs or other
authorities for inspection of its contents, the Carrier shall not
be liable for any resulting loss, damage or expenses.
11. Carrier's Container
(A) When the Goods are not already packed into a container at the time of
receipt by the Carrier, the Carrier shall be at liberty to pack and
carry the Goods in any type of container.
(B) The Merchant assumes full responsibility for and shall indemnify the
Carrier against any loss of or damage to the Carrier's containers,
containers not owned by the Merchant, and other equipment if the
loss or damage is caused or occurs while in the possession or control
of the Merchant, his agents, or common Carriers engaged by or on
behalf of the Merchant
(C) The Merchant at destination shall have to return all containers not
owned by the Merchant to the Carrier duly cleaned and in good
condition as deemed delivered to the shipper within the time allowed
by the Carrier, failing which the Merchant shall be liable to the
Carrier for all costs, fees, cleaning charges, late fees, attorneys
fees or any other charge for which the Carrier is held liable
including demurrage. Merchant agrees to pay the replacement value
of any Container not returned within 30 days of its being available
for delivery.
(D) The Carrier shall in no event be liable for, and the Merchant
shall indemnify and hold the Carrier harmless from, any death of or
injuries to persons, or loss of or damage to property, caused by the
Carrier's container or its contents while in the possession or
control of the Merchant, his agents, or common Carriers engaged by
or on behalf of the Merchant.
12. Special Stowage; Refrigeration.
(A) The Merchant undertakes not to tender for transportation any Goods
which require temperature control without previously giving written
notice (and filling in the box on the front of this Bill of Lading
if this Bill of Lading has been prepared by the Merchant or a person
acting on his behalf) of their nature and particular temperature
range to be maintained and in the case of a temperature controlled
Container stuffed by or on behalf of the Merchant further undertakes
that the Container has been properly pre-cooled, that the Goods have
been properly stuffed in the Container and that its thermostatic
controls have been properly set by the Merchant before receipt of
the Goods by the Carrier. If the above requirements are not complied
with the Carrier shall not be liable for any loss of or damage to the
Goods caused by such non compliance.
(B) 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 and makes
no warranty or agreement with respect to the actual temperature or
condition of any commodity, fruit, vegetable, meat, fish, or any
perishable Goods within the container.
13. Dangerous Goods, Contraband
(A) The Carrier undertakes to carry Goods of an explosive, inflammable,
radioactive, corrosive, damaging, poisonous, or dangerous nature
only upon the Carrier's approval of a written application by the
Merchant prior to the carriage of such Goods. Such application must
accurately state the name, nature and classification of the Goods,
as well as how they are dangerous and the method o rendering them
innocuous, together with the full names and addresses of the shipper
and the consignee.
(B) The Merchant shall undertake that the nature and danger of such
Goods is distinctly hand permanently marked on the outside of the
package or container containing the Goods.
(C) Merchant shall submit all documents or certificates required in
connection with such Goods by any applicable statue or regulation or
by the Carrier.
(D) Whenever the Goods are discovered to have been received by the
Ocean or Inland Carrier without complying with subparts (A), (B) or
(C) above, or the Goods are found to be contraband or prohibited
by any law or regulation of any place during the transport, the
Carrier shall be entitled to have such Goods rendered innocuous,
thrown overboard, discharged, or otherwise disposed of at the
Carrier's discretion without compensation, and the Merchant shall
be liable for and indemnify the Carrier against any loss, damage
or liability, including loss of freight, and any other expenses
directly or indirectly arising out of custody or carriage of such
Goods.
(E) The Carrier may exercise the right conferred upon it under the
preceding subpart whenever it is apprehended that Goods received
in compliance with subparts (A), (B) and (C) above have become
dangerous, even if not dangerous when received by the Ocean or
Inland Carrier.
(F) The Carrier has the right to inspect the contents of any package
or container at any time and place without the prior notice to
Merchant and at the risk and expense of the Merchant.
14. Stowage Under and on Deck
(A) Goods in containers, vans, trailers, or chassis may be carried
under deck or on deck, and when such Goods are carried on deck the
Carrier shall not be required to specially note mark, or stamp any
statement of "on deck stowage" on the face of this Bill of Lading,
any custom to the contrary notwithstanding. Such on deck carriage
shall not be considered a deviation.
(B) Goods stowed in poop, forecastle, deck house, shelter deck,
passenger space, or any other covered-in-space, or stowed in a
container wherever placed, shall be deemed to be stowed under deck
for all purposes including general average.
(C) Any Goods customarily or reasonably carried on deck may, at
Carrier's option, be carried on deck without further notice to
Merchant and without liability to the Carrier for the risks
inherent in or incident to such carriage. Such on deck carriage
shall not be considered a deviation.
(D) In respect of Goods not in containers and carried on deck, and
stated on this Bill of Lading to be so carried, all risks of loss or
damage from perils inherent in or incident to the custody or
carriage of such Goods shall be borne by the Merchant and in all
other respects the Carrier shall have the benefit of the provisions
of the applicable, version of the Hague Rules (including U.S. COGSA,
notwithstanding Section 1301 (c) thereof) and the terms of this Bill
of Lading.
15. Valuable Goods
The Carrier shall not be liable to any extent for any loss of or damage
to or in connection with precious metals, stones, or chemicals, jewelry,
currency, negotiable instruments, securities, writings, documents, works
of art, curios, heirlooms, or any other valuable goods, including goods
having particular value only for the Merchant, unless the true nature
and value of the Goods have been declared in writing by the Merchant
before receipt of the Goods by the Ocean or Inland Carrier, the same
is inserted on the face of this Bill of Lading and additional freight
has been paid as required.
16. Heavy Lift
(A) The weight of a single piece or package exceeding 2,240 lbs. gross
must be declared by the Merchant in writing before receipt by the
Ocean or Inland Carrier and must be marked clearly and durably on
the outside of the piece or package in letters and figures not less
than two inches high.
(B) If the Merchant fails in his obligations under the preceding subpart
(1) the Carrier shall not be responsible for any loss of or damage to
in connection with the Goods.
(2) the Merchant shall be liable for resulting loss of or damage to
any person or property, and
(3) Merchant shall indemnify the Carrier against any resulting loss,
damage, or liability suffered by the Carrier.
17. Delivery.
(A) Any mention in this Bill of Lading of parties to be notified of the
arrival of the Goods is solely for information of the Carrier, and
failure to give such notification shall not involve the Carrier in
any liability nor relieve the Merchant of any obligation hereunder.
(B) The Carrier shall have the right to deliver the Goods at any time at
the Vessels side, customhouse, warehouse, wharf, or any other place
designated by the Carrier, within the geographic limits of the port
of discharge or place of delivery shown of the face of this Bill of
Lading.
(C) The Carrier's responsibility shall cease when the Goods have been
delivered to the Merchant, Inland Carrier, connecting Carrier or
any other person entitled to receive the Goods on Merchant's behalf
at the place designated by the Carrier. Delivery of the Goods to
the custody of customs or any other public authority shall
constitute final discharge of the Carrier's responsibility.
(D) In case the cargo received by the Carrier is containers packed by
or on behalf of the Merchant
(1) The Carrier shall only be responsible for delivery of the total
number of containers received
(2) The Carrier shall not be required to unpack the containers and
deliver their contents in accordance with brands, marks, numbers
sizes, to types of items or pieces (3) At the Carrier is discretion
and upon the Merchant's request in writing to the Carrier at least
3 days prior to the scheduled date of arrival the of Vessel at the
port of discharge containers may be unpacked and their contents
delivered by the Carrier in accordance with the written request.
In such a case if the seal of the containers is intact at the
time of unpacking all the Carrier's obligations under this Bill
of Lading shall be deemed to have been discharged the Carrier
shall not be responsible for any loss or damage resulting from
such delivery and the Merchants shall be liable for an appropriate
adjustment of the freight and any additional charges incurred.
(E) If the Goods have been packed into a container by the Carrier, the
Carrier shall unpack the container and deliver its contents and the
Carrier shall not be required to deliver the Goods in the container.
At the Carrier's discretion, and subject to prior arrangement
between the Merchant and the Carrier, the Goods may be delivered
to Merchant in the container, in which case if the container is
delivered with seals intact all the Carrier's obligations under
this Bill of Lading shall be deemed to have been discharged, and
the Carrier shall not be responsible for any loss or damage to the
contents of the container.
18. Transshipment and Forwarding
(A) Whether arranged beforehand or not, the Carrier shall be at liberty
without notice to carry the Goods wholly or partly by the named or
any other Vessel, craft barge, or other means of transport by water,
land or air, whether or not owned or operated by the Carrier.
(B) The Carrier may under any circumstances whatsoever discharge the
Goods or any part of them at any port or place for transshipment and
store them afloat or ashore and then forward them by any means of
transport.
(C) If the Goods cannot be found at the port of discharge or place of
delivery, or if they be miscarried, they, when found, may be
forwarded to their intended port of discharge or place of delivery
at the Carrier's expense, but the Carrier shall not be liable for
any loss, damage, delay, or depreciation arising from such
forwarding.
(D) In case of Port-to-Port Transportation, transshipment of cargo,
or receipt of cargo from ports or inland points not including within
the ship's itinerary or the Carrier's service, is to be at the sole
risk and expense of the Merchant, and neither the Carrier not its
Vessel shall be deemed to be the agent or principal of a prior or
subsequent Carrier notwithstanding the issuance by the Carrier of
a bill of lading, receipt, or other shipping document at a time or
place prior to that at which the Goods are received by the Carrier.
19. Fire
The Carrier shall not be responsible for any loss of or damage to the
Goods arising from fire occurring at any time, even though before loading
on or after discharge from the Vessel, unless caused by the actual fault
or privity of the Carrier.
20. Lien
(A) The Carrier shall have a lien on the Goods, which shall survive
delivery, for all freight, dead freight, demurrage, damages, loss,
charges, expenses, and any other sums (including costs, customs fees,
attorney fees, and other fees for recovering the sums) chargeable to
the Merchant under this Bill of Lading and any preliminary contract
for custody or carriage of the Goods. Carrier may foreclose the lien
by selling the Goods without notice to the Merchant privately or by
public auction. If on sale of the Goods the proceeds fail to cover
the amount due and the costs and fees incurred, the Carrier shall
be entitled to recover the deficit from the Merchant.
(B) If the Goods are unclaimed during a reasonable time, or whenever in
the Carrier's opinion the Goods will become deteriorated, decayed or
worthless, the Carrier (without responsibility to it) may at its
discretion and subject to its lien, sell, abandon, or otherwise
dispose of such Goods at the sole risk and expense of the Merchant.
21. Freight and Charges
(A) Freight may be calculated on the basis of the particulars of the
Goods furnished by the Merchant, who shall be deemed to have
guaranteed to the Carrier the accuracy of the contents, weight,
measure, or value as furnished by him at the time of receipt of the
Goods by the Ocean or Inland Carrier, but the Carrier for the purpose
of ascertaining the actual particulars may at any time and at the
risk and expense of the Merchant open the container or package and
examine contents, weight, measure, and value of the Goods. In case
of incorrect declaration of the contents, weight, measure and or
value of the Goods, the Merchant shall be liable for and bound to
pay to the Carrier: (1) the balance of freight between the freight
charged and that which would have been due had the correct details
been given, plus (2) expenses incurred in determining the correct
details, plus (3) as liquidated and ascertained damages, an
additional sum equal to the correct freight.
(B) Full freight to the port of discharge or place of delivery shall be
considered as completely earned on receipt of the Goods by the
Carrier, whether the freight be stated or intended to be prepaid
or to be collected at destination. The Carrier shall be entitled
to all freight and other charges due hereunder, whether actually
paid or not and to receive and retain such freight and charges under
any circumstances, whether the Vessel and/or the Goods be lost or
not, or the voyage be broken up, frustrated, or abandoned at any
stage of the entire transit. Full freight shall be paid on damaged
or unsound Goods.
(C) The Payment of freight and/or charges shall be made in full and
in cash without any offset, counter claim, or deduction. Where
freight is payable at the port of discharge or place of delivery,
such freight and all other charges shall be paid in the currency
named in this Bill of Lading, or, at Carrier's option, in other
currency subject to the regulators of the freight conference
concerned, if any, or custom at the place of payment.
(D) Goods once received by the Carrier cannot be taken away or disposed
of by the Merchant except upon the Carrier's consent and after
payment of full freight and compensation for any loss sustained
by the Carrier through such taking away or disposal.
(E) If the Goods are not available when the Vessel is ready to load:
(1) The Carrier is relieved of any obligation to load such Goods and
the Vessel may leave the port without further notice.
(2) Unless the unavailability arises in the course of combined
transport and is caused by the failure of an Inland Carrier to
perform its obligations under this Bill of Lading, dead freight
shall be paid by the Merchant.
(F) The Merchant shall be liable for and shall indemnify the Carrier
against:
(1) all dues, duties, taxes, consular fees, and other charges levied
on the Goods, and
(2) all fines, damages and losses sustained by the Carrier in
connection with Goods, howsoever caused, including the Merchant's
failure to comply with laws and regulations of any public
authority in connection with the Goods, or failure to
procure consular, Board of Health, or other certificates to
accompany the Goods. The Merchant shall be liable for return
freight and changes on any Goods refused exportation or
importation by any public authority.
(G) If the Carrier is of the opinion that the Goods are in need of
sorting, inspecting, mending, repairing, or reconditioning, or
otherwise require protecting or caring for, the Carrier at its
discretion may, by itself or through Subcontractors, and as agent
for the Merchant, carry out such work at the risk and expense of
the Merchant.
(H) The shipper, consignor, consignee, owner of the Goods and holder
of this Bill of Lading shall be jointly and severally liable to the
Carrier for the payment of all freight and charges and for the
performance of the obligations of any of them under this Bill of
Lading.
22. Notice of Claim and Time for Suit against Carrier
(A) Unless notice of loss or damage and the general nature of such loss
or damage be given in writing to the Carrier at the port of
discharge or place of delivery before or at the time of delivery of
the Goods or, if the loss or damage is not apparent, within 3 days
after delivery, the Goods shall be deemed to have been delivered as
described in this Bill of Lading.
(B) Where the loss has occurred in the custody of a Inland Carrier, the
Carrier shall be discharged from all liability in respect of loss
unless notice of claim is filed and suit is brought within nine (9)
months after delivery of the Goods or the date when the Goods should
have been delivered or the time period prescribed by the Inland
Carrier's contract of carriage, tariff or by law covering such
Inland Carrier or overland carriage whichever is less (in the
United States, pursuant to the Carmack Amendment, 49 U.S.C.
Sec.11-107(a), suit must be brought within nine months).
(C) In any event, the Carrier shall be discharged from all liability
in respect of the Goods, including without limitation nondelivery,
misdelivery, delay, loss, or damage, unless suit has been brought
within one year after delivery of the Goods or the date when the
Goods should have been delivered. Suit shall not be considered to
have been "brought" within the time specified unless process shall
have been served on a jurisdiction obtained over the Carrier within
such time.
23. Limitation of Liability
(A) Subject to subpart (B) below for the purpose of determining the
extent of the Carrier's liability for loss of or damage to the Goods,
the Merchant agrees that the value of the Goods is the Merchant's net
invoice cost, plus freight and insurance premium, if paid. The
Carrier shall not be liable for any loss of profit or any
consequential loss.
(B) Insofar as the loss of or damage to or in connection with the Goods
was caused during the part of the custody or carriage to which the
applicable version of the Hague Rules applies:
(1) The Carrier shall not be liable for loss or damage in an amount
exceeding the minimum allowable per package or unit in the
applicable version of the Hague Rules. Each unpackaged vehicle,
or other piece of unpackaged cargo on which freight is calculated,
constitutes one unit. The limitation in Article IV (5) of the
Hague Rules is deemed to be the nominal value of GBP 100.
Article IX of the Hague Rules is deemed to be deleted. Carrier's
maximum liability shall in no event exceed either GBP 100 lawful
money of the United Kingdom per package or unit, or USD 2.00 per
kilogram of gross weight of the Goods lost or damaged, or the
actual value of such goods whichever is less, unless the nature
or value of such Goods have been declared by the Shipper before
shipment and inserted on the reverse side of this Bill of Lading
and extra freight paid.
(2) The limitation amount when U.S. COGSA is applicable is an amount
not exceeding USD 500 per package or customary freight unit, but
not more than the actual value of the goods lost or damaged,
unless the value (and nature) of Goods higher than this amount
has been declared in writing by the Merchant before receipt of
the Goods by the Carrier and inserted on the face of this Bill
of Lading and extra freight has been paid as required. Each
unpackaged vehicle, or other piece of unpackaged cargo on which
freight is calculated, constitutes one customary freight unit.
If the actual value of the Goods per package or unit exceeds
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. Any partial loss or damage shall
be adjusted pro rata on the basis of such declared value. If the
declared value has been willfully misstated or is markedly higher
than the actual value, the Carrier shall not be liable to pay any
compensation.
(3) Where the cargo has been packed into a container or unitized into
a similar article of transport by or on behalf of the Merchant,
it is expressly agreed that the number of such containers or
similar articles of transport shown on the face of this Bill of
Lading shall be considered as the number of the packages or units
for the purpose of the application of the limitation of liability
provided for in this Article.
(4) Under no circumstances shall the Carrier be liable for the loss of
or damage to any items or merchandise not declared in writing by
the Merchant to the Carrier, including without limitation any items,
merchandise or personal effects placed by the Merchant or his agent
or representative in any package or vehicle or container. The
Merchant further agrees to indemnify the Carrier against all
consequences, expenses and damages of any kind arising or
resulting from Merchant's failure to disclose in writing any
description or particular or item, including merchandise or
personal effects, to the Carrier.
24. General Average: New Jason Clause
(A) General average shall be adjusted, stated and settled at any port or
place as the Carrier's option and according to the York-Antwerp
Rules, 1974 and as to matters not provided for by these Rules,
according to the laws and usages of the port or place of adjustment
and in the currency selected by the Carrier. The general average
statement shall be prepared by the adjusters appointed by the
Carrier. Average agreement or bond and such cash deposit as the
Carrier may deem sufficient to cover the estimated contribution of
the Goods and any salvage and special charges thereon and any other
additional securities as the Carrier may require shall be furnished
by the Merchant to the Carrier before delivery of the Goods.
(B) 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 statue, contract, or
otherwise, the Goods and the Merchant shall jointly and severally
contribute with the Carrier in general average to the payment of
any sacrifices, loss, or expenses 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 salvage 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 strangers.
25. Both to Blame Collision
If the Vessel 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 servants of the owner of the Vessel in the
navigation or in the management of the Vessel, the Merchant shall
indemnify the Carrier against all loss or liability which might be
incurred directly or indirectly to the other or non-carrying ship or
her owners insofar as such loss or liability represents loss of or
damage to his Goods or any claim whatsoever of the Merchant paid or
payable by the other or non-carrying ship or her owners to the Merchant
and set-off, recouped, or recovered by the other or non-carrying ship
or her owners as part of their claim against the carrying Vessel or its
owner. 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 at fault in
respect of a collision contact stranding or other accident.
26. General Provisions: Rust, etc.
The term "apparent good order and condition" when used in this Bill of
Lading does not mean with reference to iron, steel, or metal products,
including machinery and motor vehicles, that the Goods when received were
free from visible rust or moisture. It is agreed that superficial rust,
oxidation or any other condition due to moisture is not a condition of
damage but is inherent to the nature of the Goods.
27. Intermodal Transportation
(A) This Bill of Lading may be issued for Intermodal Transportation in
any country. When so issued as between the Merchant and an Inland
Carrier custody and carriage of the Goods by the Inland Carrier are
subject to the relevant laws, regulations, tariffs and bill of lading
are available from the Ocean or Inland Carrier upon request.
(B) Claims by the Merchant against an Inland Carrier for loss or damage
shall be given and suit commenced as provided in the Inland Carrier's
applicable bill of lading
28. 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 upon request. In the case of inconsistency between the
Bill of Lading and the applicable Tariff, this Bill of Lading shall
prevail except that the applicable Tariff shall govern as to freight.
29. Severability of Terms
The terms of this Bill of Lading are severable and if any part or term
is declared invalid or unenforceable, the validity or enforceability, of
any other part or term shall not be affected.
