RULE: 8.1 - BILL OF LADING TERMS AND CONDITIONS Eff: 09FEB2015
| Effective | 09FEB2015 |
|---|---|
| Filed | 09FEB2015 |
| Filing Codes | IC |
1. (Definitions) When used in this Bill of Lading
(A) "Ocean Carrier" means Deluxe Freight, LLC., a Non-Vessel
Operating Common Carrier, which performs sea carriage of Goods, and
the vessel, her owner, and demise charterer, whether any of the
preceding parties is acting as carrier or bailee.
(B) "Inland Carrier" means carriers (other than the Ocean 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 Ocean 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" means the cargo described on the face of this Bill of
Lading and, if the cargo is packed 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) "Laden on Board" or similar words endorsed on this Bill of
Lading means that the Goods have been loaded on board the Vessel or
are in the custody of the Ocean Carrier, and in the event of Combined
Transport if the originating carrier is an Inland Carrier. "On Board"
means that the Goods have been loaded on board rail cars or other
means of Inland carriage or are in the custody of a participating
railroad or other Inland Carrier.
(J) "Subcontractor" includes 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.
(K) "United States" or "U.S." means the United States of America.
2. (Clause Paramount)
(A) Insofar as this Bill of Lading covers carriage of Goods by
water, this Bill of Lading shall have effect subject to the
provisions of the "Hague Rules", namely the International Conventions
for the Unification of Certain Rules Relating to Bills of Lading,
dated at Brussels, August 25, 1924, as amended (including, where
enacted, the Protocol dated at Brussels, February 23, 1968, known as
the Visby Rules), as enacted in the country of shipment. When no
such enactment is in force in the country of shipment or is otherwise
compulsorily applicable, the Hague Rules as enacted in the country of
destination shall apply. When no such enactment is in force in the
country of shipment or in the country of destination, or is otherwise
compulsorily applicable, the terms of the Hague Rules as enacted by
the Convention shall apply.
(B) If this Bill of Lading covers Goods moving to or from ports of
the United States in foreign trade, then carriage of such goods shall
be subject to the provisions of the United States Carriage of Goods
by Sea Act, 1936, 46 U.S.C. P1300-1315 as amended (hereinafter "U.S.
COGSA"), the terms of which shall be incorporated herein. The
provisions of U.S. COSGA shall (except as otherwise specifically
provided in this Bill of Lading) govern throughout the time when the
Goods are in the custody of the Ocean Carrier and any other water
carrier and as otherwise provided in this Bill of Lading.
3. (Law and Jurisdiction)
Whenever the Carriage of Goods by Sea Act 1936 (COSGA) of the United
States of America applies, this contract is to be governed by United
States Law. In all other cases actions against the Carrier may only
be instituted in the country where the Carrier has its principal
place of business and shall be decided according to the law of such
country.
4. (Limitation of Liability Statutes)
Nothing in this Bill of Lading shall operate to limit or deprive the
Ocean 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 Sub-contractors)
(A) The Ocean Carrier shall be entitled to subcontract on any terms
the whole or part of the handling storage, or carrier of the Goods
and all duties whatsoever undertaken by the Ocean Carrier in relation
to the Goods.
(B) Merchant warrants that no claim shall be made against any
subcontractor (as defined in Article 1 (J), or Subcontractor, of
Ocean Carrier, except Inland Carriers where otherwise appropriate,
that imposes or attempts to impose upon any of them or any vessel
owned or operated by any of them any liability in connection with the
Goods, and, if any such claims should nevertheless be made, to
indemnify the Ocean Carrier against all consequences of such claims.
(C) Without prejudice to the foregoing, it is expressly agreed that
every such Subcontractor (and Subcontractor's Subcontractor) shall
have the benefit of all provisions in this Bill of Lading for the
benefit of the Ocean Carrier as if such provisions were expressly for
the Subcontractor's benefit. In entering into this contract the
Ocean Carrier, to the extent of those provisions, does so not only on
its own behalf but also on behalf of such Subcontractors.
6. (Route to Transport)
(A) The Goods may, at the Ocean Carriers absolute discretion, be
carried as a single shipment or as several shipments by the Vessel
and/or any other means of transport by land, water, or air and by any
route whatsoever, whether or not such route is the direct,
advertised, or customary route.
(B) The Vessel shall have liberty to call and/or stay at any port or
place in or out of the direct, advertised, or customary route, once
or more often and in any order, and/or to omit calling at any port of
place whether scheduled or not.
(C) The Vessel shall have liberty, either with or without the Goods
on board and either before or after proceeding toward the port of
discharge to adjust to compasses and other navigational instruments,
make trial trips or tests, dry dock, go to repair yards, shift
berths, take on fuel or stores, embark or disembark any person, carry
contraband, explosives, munitions, war-like stores and hazardous
cargo, sail with or without pilots, tow or be towed, and save or
attempt to save life or property.
(D) If the Goods in whole or in part are for any reason not carried
on the Vessel named in this Bill of Lading, or if loading the Goods
is delayed or is likely to detain the Vessel, the Vessel may proceed
without carrying or loading the Goods in whole or in part, and notice
to merchant of such sailing is hereby waived. Ocean Carrier may
forward the Goods under the terms of this Bill of Lading on the next
available ship or at Ocean Carrier's option by any other means of
transportation, whether by land, water or air.
(E) At Ocean Carrier's option and without notice to Merchant,
another ship or ships may be substituted for the Vessel named in this
Bill of Lading, whether or not the substitute ship is owned or
operated by Ocean Carrier or arrives or departs, or is scheduled to
arrive or depart, before or after the Vessel named by this Bill of
Lading.
(F) Any action taken by the Ocean Carrier under this Article 6 shall
be deemed to be included within the contractual carriage and such
action, or delay resulting therefrom, shall not be considered a
deviation. Should the Ocean Carrier be held liable in respect of
such action, the Ocean Carrier shall be entitled to the full benefit
of all privileges, rights, andimmunities contained in this Bill of
Lading.
7. (Responsibility)
(A) Insofar as this Bill of Lading is used for Port-to-Port
Transportation of the Goods, the Ocean Carrier shall not be
responsible for loss of or damage to the Goods caused before loading
or after discharge "Loading" shall be deemed to commence with the
hooking on the vessel's tackle, or if not using the vessel's tackle,
with the receipt of the Goods on deck or in the hold of (if the Goods
are in bulk liquid) in the vessel's permanent pipe connections.
"Discharge" shall be deemed to be completed when the Goods have been
unhooked from the vessel's tackle or removed from the vessel's deck
or passed beyond the vessel's deck or passed beyond the vessel's
permanent pipe connections.
(B) Insofar as this Bill of Lading is used for combined transport of
the Goods, the responsibility of the Ocean 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.
(C) If it is established by the Merchant that the Ocean Carrier is
responsible for loss of or damage to or in connection with the Goods,
such responsibility, subject to the provisions of this Bill of
Lading, shall be to the extent following but not further:
(1) With respect to loss or damage caused during the period from
the time when the Goods arrived at the sea terminal at the port of
loading to the time when they left the sea terminal at the port of
discharge, or caused during any previous or subsequent period of
carriage by sea or waterways, to the extent prescribed by the
applicable Hague Rules as provided in Article 2.
(2) Save as indicated b (1) above, with respect to loss or damage
caused during the handling, storage of the Goods by Ocean Carrier's
Subcontractor, to the extent to which such Subcontractor would have
been liable to the Merchant if he had made a direct and separate
contract with the Merchant in respect of such handling, storage or
carriage, provided, however, that if the Ocean Carrier is not
authorized under any applicable laws, rules or regulations to
undertake such handling, storage, or carriage under its own
responsibility, the Ocean Carrier shall only be liable for procuring
such handling, storage or carriage. If such handling, storage or
carriage occurred in or between points in Europe, or where otherwise
applicable, such responsibility shall be governed
(a) if by road by the Convention on the Contract for the
International Carriage of Goods by Road, dated 19 May, 1956 (CMR);
(b) if by rail, by the International Convention Concerning the
Carriage of Goods by Rail dated 25 February, 1961 (CIM);
(c) if by air, by the Convention for the Unification of Certain
Rules Relating to International Carriage by Air, signed Warsaw 12
October, 1929, as amended by the Hague Protocol dated 28 September,
1955 (Warsaw Convention);
(d) If it is established by the Merchant that an Inland Carrier
is responsible for loss of or damage to or in connection with the
Goods, such responsibility shall be to the extent, but not further,
than the Inland Carrier would have been liable to the Merchant if he
had made a direct and separate contract with the Merchant in respect
of handling, storage or carriage of the Goods, as applicable.
(e) Notwithstanding foregoing Article 7 (A) or 7 (B), the Ocean
Carrier does not undertake that the Goods shall arrive at the port of
discharge or place of delivery at any particular time or in time to
meet any particular market or use, and the Ocean Carrier shall not be
responsible for any direct or indirect loss or damage that is caused
through delay.
(f) If this Bill of Lading is used for Port-to-Port Transportation,
the column indicating final destination on the face of this Bill of
Lading is solely for the purpose of the Merchant's reference, and the
Ocean Carrier's responsibility for the Goods shall in all cases cease
at the time of discharge of the Goods at the port of discharge.
8. (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 Ocean 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 Ocean 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 Ocean
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 Ocean Carrier, the Ocean Carrier
(1) at the time shall be entitled to unpack the container(s) or
otherwise dispose of the Goods in such way as the Ocean 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 Ocean 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 Ocean 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 Ocean Carrier or to carry them back to the port of
loading or place of receipt and there discharge them. Any actions
under (3) and (4) above shall constitute complete and final delivery
and full performance of this contract, and the Ocean 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 Ocean 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 Ocean 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
Ocean 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 Ocean 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 Ocean 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.
9. (Description and Particulars of Goods)
Any reference on the face of this Bill of Lading to marks, numbers,
description, quantity, quality, gauge, weight, measure, nature, kind,
value, and any other particulars of the Goods, is as furnished by the
Merchant. The Ocean Carrier shall not be responsible for the
accuracy of any such reference and is not bound thereby. The
Merchant warrants to the Ocean Carrier that the descriptions and
particulars furnished by him are correct, and the Merchant shall
indemnify the Ocean Carrier against all loss, damage, expenses,
liability, penalties and fines arising or resulting from inaccuracy
of any description or particular.
10. (Use of Container)
When the Goods are not already packed into a container at the time of
receipt by the Ocean Carrier, the Ocean Carrier shall be at liberty
to pack and carry the Goods in any type of container.
11. (Ocean Carrier's Container)
(A) The Merchant assumes full responsibility for and shall indemnify
the Ocean Carrier against any loss of or damage to the Ocean
Carrier's containers 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
(B) The Ocean Carrier shall in no event be liable for, and the
Merchant shall indemnify and hold the Ocean Carrier harmless from,
any death of or injuries to persons, or loss of or damage to
property, caused by the Ocean 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. (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 Ocean 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 15. In the event of the Merchant's
breach of any of these warranties, the Merchant and not the Ocean
Carrier shall be responsible for, and the Merchant shall indemnify
and hold Ocean 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 Ocean 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 Ocean 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 Ocean Carrier's obligations
under this Bill of Lading, and the Ocean 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 Ocean Carrier shall
not be liable for any resulting loss, damage or expenses.
13. (Special Carriage or Container)
(A) The Ocean Carrier does not undertake to carry the Goods in
refrigerated, heated, insulated, ventilated, or any other special
hold or container, nor to carry any special container packed by or on
behalf of the Merchant, but the Ocean Carrier will treat such Goods
or container only as ordinary goods or dry container, respectively,
unless:
(1) special arrangements for the carriage of such Goods or
container have been agreed to in writing between the Ocean Carrier
and the Merchant; (2) such special arrangements are noted on the
face of this Bill of Lading; and
(3) special freights as required has been paid. The Ocean Carrier
shall not be responsible for the function of a special container
supplied by or on behalf of the Merchant.
(B) The Ocean Carrier shall not be liable for any loss of or damage
to Goods in a special hold or container arising from latent defects,
breakdown, or stoppage of the refrigeration or heating machinery,
insulation, ship's plant, or other such apparatus of the Vessel or
container, provided that the Ocean Carrier shall before or at the
beginning of the transport exercise due diligence to maintain the
special hold or container in an efficient state.
(C) If the Goods have been packed into a refrigerated container by
the Ocean or Inland Carrier, and the particular temperature range
requested by the Merchants is inserted in this Bill of Lading, the
Ocean Carrier will set the thermostatic controls within the requested
temperature range but does not guarantee the maintenance of such
temperature inside the container.
(D) If the cargo received by the Ocean or Inland Carrier is in a
refrigerated container packed by or on behalf of the Merchant, it is
the obligation of the Merchant to stow the contents properly and set
the thermostatic controls exactly. The Ocean Carrier shall not be
liable for any loss of or damage to the Goods arising out of or
resulting from the Merchant's failure in such obligation and Ocean
Carrier does not guarantee the maintenance of the intended
temperature inside the container.
14. (Dangerous Goods, Contraband)
(A) The Ocean Carrier undertakes to carry Goods of an explosive,
inflammable, radioactive, corrosive, damaging, poisonous, or
dangerous nature only upon the Ocean 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 of 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 Ocean 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 Ocean
Carrier shall be entitled to have such Goods rendered innocuous,
thrown overboard, discharged, or otherwise disposed of at the Ocean
Carrier's discretion without compensation, and the Merchant shall be
liable for and indemnify the Ocean 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 Ocean 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 has become
dangerous, even if not dangerous when received by the Ocean or Inland
Carrier.
(F) The Ocean 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.
15. (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
Ocean 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) Lumber, earth moving equipment and all other Goods customarily
or reasonably carried on deck may, at Ocean Carrier's option, be
carried on deck without further notice to Merchant and without
liability to the Ocean 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 Ocean 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.
16. (Live Animals and Plants)
With respect to the custody and carriage of live animals and plants,
all risks of loss or damage by perils inherent in or incident to such
carriage shall be borne by the Merchant, and in all other respects
the Ocean Carrier shall have the benefit of the provision 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.
17. (Valuable Goods)
The Ocean 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.
18. (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 Ocean 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 Ocean
Carrier against any resulting loss, damage, or liability suffered by
the Ocean Carrier.
19. (Delivery by Marks)
(A) The Ocean Carrier shall not be liable for failure or delaying
delivery in accordance with marks, unless such marks have been
clearly and durably stamped or marked upon the Goods, package, or
container by the Merchant before they are received by the Ocean or
Inland Carrier, in letters and numbers not less than two inches high,
together with the names of the port of discharge and place of
delivery.
(B) In no circumstances shall the Ocean Carrier be responsible for
delivery in accordance with other than leading marks.
(C) The Merchant warrants that the marks on the Goods, packages and
containers correspond to the marks shown on this Bill of Lading and
also in all respects comply with all laws and regulations in force at
the port of discharge or place of delivery. The Merchant shall
indemnify the Ocean Carrier against all loss, damage or expenses
resulting from inaccuracy or incompleteness of the marks.
(D) Goods that cannot be identified as to marks or numbers, cargo
seeping liquid residue and any unclaimed goods not otherwise
accounted for may be allocated for the purpose of completing delivery
to the various Merchants of Goods of like character in proportion to
any apparent shortage, loss of weight or damage.
20. (Delivery)
(A) The Ocean 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 Ocean Carrier, within the geographic
limits of the port of discharge or place of delivery shown of the
face of this Bill of Lading
(B) The Ocean 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 Ocean Carrier Delivery of the
Goods to the custody of customs or any other public authority shall
constitute final discharge of the Ocean Carrier's responsibility.
(C) In case the cargo received by the Ocean Carrier is containers
packed by or on behalf of the Merchant
(1) The Ocean Carrier shall only be responsible for delivery of
the total number of containers received
(2) The Ocean 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 Ocean Carrier is discretion and upon the Merchant's
request in writing to the Ocean Carrier at least 3 days prior to the
scheduled date of arrival of the Vessel at the port of discharge
containers may be unpacked and their contents delivered by the Ocean
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
Ocean Carrier's obligations under this Bill of Lading shall be deemed
to have been discharged the Ocean 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.
(D) If the Goods have been packed into a container by the Ocean
Carrier it shall unpack the container and deliver its contents, and
the Ocean Carrier shall not be required to deliver the Goods in the
container. At the Ocean Carrier's discretion, and subject to prior
arrangement between the Merchant and the Ocean Carrier the Goods may
be delivered to Merchant in the container, in which case if the
container is delivered with seals intact all the Ocean Carrier's
obligations under this Bill of Lading shall be deemed to have been
discharged, and the Ocean Carrier shall not be responsible for any
loss or damage to the contents of the container.
(E) Optional delivery shall be granted only when arranged prior to
the time of receipt of the Goods by Ocean Carrier and if expressly
stated on the face of this Bill of Lading. The Merchant desiring to
avail himself of the option so expressed must give notice in writing
to the Ocean Carrier at the first port of call named in the option at
least 48 hours prior to the Vessel's arrival there, otherwise the
Goods shall be landed at any of the optional ports at Ocean Carrier's
option, and the Ocean Carrier's responsibility shall then cease.
(F) Ocean Carrier is not responsible to give notification, in
writing or otherwise, either to Merchant or others, of the arrival,
discharge, or disposition of Goods, any custom or agreement to the
contrary notwithstanding, and notwithstanding any notation on the
face of this Bill of Lading, concerning notification or a notify
party.
21. (On-Carriage and Forwarding)
(A) Whether arranged beforehand or not, the Ocean 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 Ocean
Carrier.
(B) The Ocean Carrier may under any circumstances whatsoever
discharge the Goods or any part of them at any port or place 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 Ocean Carrier's expense, but the Ocean Carrier shall not be
liable for any loss, damage, delay, or depreciation arising from such
forwarding.
(D) In case of Port-to-Port Transportation, on-carriage of cargo by
the underlaying water carrier, or receipt of cargo from ports or
inland points not including within the ship's itinerary or the Ocean
Carrier's service, is to be at the sole risk and expense of the
Merchant, and neither the Ocean Carrier not its Vessel shall be
deemed to be the agent or principal of a prior or subsequent carrier
notwithstanding the issuance by the Ocean 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 Ocean Carrier.
22. (Fire)
The Ocean 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 Ocean Carrier.
23. (Lien)
(A) The Ocean 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. Ocean
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 Ocean 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 Ocean Carrier's opinion the Goods will become deteriorated,
decayed or worthless, the Ocean 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.
24. (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 Ocean 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 Ocean 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 an bound to pay
to the Ocean 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
Ocean Carrier, whether the freight be stated or intended to be
prepaid or to be collected at destination. The Ocean 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 Ocean 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 Ocean Carrier cannot be taken away or
disposed of by the Merchant except upon the Ocean Carrier's consent
and after payment of full freight and compensation for any loss
sustained by the Ocean Carrier through such taking away or disposal.
(E) If the Goods are not available when the Vessel is ready to loan:
(1) The Ocean 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 Ocean
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 Ocean 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 charges on any Goods
refused exportation or importation by any public authority.
(G) If the Ocean 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 Ocean 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
Ocean Carrier for the payment of all freight and charges and or the
performance of the obligations of any of them under this Bill of
Lading.
25. (Notice of Claim and Time for Suit against Ocean Carrier)
(A) Unless notice of loss or damage and the general nature of such
loss or damage be given in writing to the Ocean 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) The Ocean Carrier shall be discharged from all liability in
respect of the Goods, including without limitation non delivery,
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 and jurisdiction obtained over the Ocean Carrier
within such time.
26. (Limitation of Liability)
(A) Subject to subpart (B) below for the purpose of determining the
extent of the Ocean 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 Ocean Carrier shall not be liable for any loss or 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 Ocean
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, which when U.S. COGSA is applicable is an amount
not exceeding U.S. $500 per package or customary freight unit, 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 Ocean Carrier and inserted on the face of this Bill of Lading and
extra freight has been paid as required. 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 Ocean
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 Ocean
Carrier shall not be liable to pay any compensation.
26. Where the cargo has been packed into a container unitized into a
similar article of transport by or on behalf of the Merchant, it is
expressly agreed 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.
27. (General Average: New Jason Clause)
(A) General average shall be adjusted, stated and settled at any
port or place as the Ocean Carrier's option and according to the
York-Antwerp Rules, 1994 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 Ocean Carrier. The
general average statement shall be prepared by the adjusters
appointed by the Ocean Carrier. Average agreement or bond and such
cash deposit as the Ocean 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 Ocean
carrier may require shall be furnished by the Merchant to the Ocean
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 Ocean Carrier isn't responsible by statue,
contract, or otherwise, the Goods and the Merchant shall jointly and
severally contribute with the Ocean 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 Ocean Carrier, salvage shall be paid for
as fully and in the same manner as if such salvaging ship belonged to
strangers.
28. (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 Ocean 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 be
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 contct stranding or
other accident.
29. (Carriage of Metal Products, Lumber, Cotton)
(A) The term "apparent good order and condition" when used in this
Bill of Lading does not mean:
(1) with reference to iron, steel, or metal products, that the
Goods when received were free from visible rust or moisture.
(2) with reference to lumber, timber, plywood, or other wood
products, that the Goods when received were free from visible stains,
discoloration, moisture, shakes, holes, chaffed, breakage or
splitting. If the Merchant so requests a substitute Bill of Lading
will be issued setting forth any notations as to the foregoing that
may appear on the mate's or tally clerk's receipts or similar
document.
(B) Description of the condition of cotton cargo does not relate to
the sufficiency or not or condition of the covering nor to any
damage, resulting therefrom. Ocean Carrier shall not be responsible
for any such damage.
30. (Grain)
Discharge of grain received by the Ocean Carrier in bulk may be in
port, on barges, and or lighters, or elsewhere, using or not using
elevators, and such discharge shall constitute a sufficient delivery
by the Carrier. Thereafter said grain shall be at the risk and
expense of the Merchant.
31. (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.
32. (Ocean Carrier's Tariff)
This Bill of Lading is subject to the Ocean Carrier's applicable
tariff. Copies of the applicable tariff are obtainable from the
Ocean Carrier upon request.
33. (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.
34. (Himalaya Clause)
All exceptions, exemptions defenses immunities, limitations on
liability, privileges and conditions granted or provided by this Bill
of Lading or by applicable tariff or by statue or for the benefit of
the Carrier shall also apply to and for the benefit of all the
officers and employees of the Carrier and the agents, officers and
crew of the Vessel and to and for the benefit of all parties
performing services in connection with the Goods as agents or
contractors of the Carrier (including, without limitation,
stevedores, terminal operators and agents) and the employees of each
of them.
