Effective	08FEB2022
Filed	08FEB2022
Filing Codes	IC

All cargo transported under the rates, charges, terms and
conditions named in this Tariff shall be held, carried and
delivered SBJ to the provisions of Carrier's applicable
Long Form B\L, the terms and conditions of which are shown
below.
     
a. When issued, all B/Ls MUST show the name and address of
   both the Shipper/Consignor and the Consignee; the total
   weight and total measurement of each piece, package or
   unit of cargo in the shipment, except in the case of FCL
   shipments, only the total shipment weight and
   measurement must be shown; and on shipments consigned
   "TO ORDER," the name and address of the party to be
   notified MUST also appear.
     
b. Shippers/Consignors requiring that the Original B/L,
   properly endorsed, be surrendered to the Carrier before
   delivery is accomplished, MUST secure an ORDER B/L.
     
c. The Terms and Conditions of Carrier's regular long form 
   B/L are as follows:
     
Negotiable Combined Transport Bill of Lading
    
Bimco Combicon Conditions
    
I. GENERAL PROVISIONS
    
2. Definitions
    
"Carrier" means the party on whose behalf this Sea Waybill has been
signed.
    
"Merchant" includes the Shipper, the Receiver, the Consignor, the
Consignee, the holder of this Sea Waybill and the owner of the goods.
    
3. Carrier's Tariff
The terms of the Carrier's applicable Tariff at the date of shipment are
incorporated herein.
    
Copies of the relevant provisions of the applicable Tariff are available
from the Carrier upon request. In the case of inconsistency between this
Sea Waybill and the applicable Tariff, this Sea Waybill shall prevail.
    
4. Time Bar
All liability whatsoever of the Carrier shall cease unless suit is brought
within 9 months after delivery of the goods or the date when the goods
should have been delivered.
    
5. Law and Jurisdiction
Any claim or dispute arising under this Sea Waybill shall be governed by
Dutch law and determined by the District of Court of Rotterdam to the
exclusion of the Courts of any other place.
    
II PERFORMANCE OF THE CONTRACT
   
6. Methods and Routes of Transportation
(1) The Carrier is entitled to perform the transport and all services
related thereto in any reasonable manner and by any reasonable means,
methods and routes.
   
(2) In accordance herewith, for instance, in the event of carriage by sea,
vessels may sail with or without pilots, undergo repairs, adjust
equipment, dry dock and tow vessels in all situations.
   
7. Optional Stowage
(1) Goods may be stowed by the Carrier by means of containers, trailers,
transportable tanks, flats, pallets, or similar articles of transport used
to consolidate goods.
    
(2) Containers, trailers, transportable tanks and covered flats, whether
stowed by the Carrier or received by him in a stowed condition from the
Merchant, may be carried on or under deck without notice to the Merchant.
    
8. Hindrances etc. affecting Performance
(1) The Carrier shall use reasonable endeavours to complete the transport
and to deliver the goods at the place designated for delivery. 
    
(2) If at any time the performance of the contract as evidenced by this
Sea Waybill is or will be affected by any hindrance, risk, delay,
difficulty or disadvantage of whatsoever kind, and if by virtue of
sub-clause 8 (1) the Carrier has no duty to complete the performance of
the contract, the Carrier (whether or not the transport is commenced) may
elect to:
    
(a) treat the performance of this Contract as terminated and place the
goods at the Merchant's disposal at any place which the Carrier shall deem
safe and convenient; or
    
(b) deliver the goods at the place designated for delivery.
    
(3) If the goods are not taken delivery of by the Merchant within a
reasonable time after the Carrier has called upon him to take delivery,
the Carrier shall be at liberty to put the goods in safe custody on behalf
of the Merchant at the latter's risk and expense.
    
(4) In any event the Carrier shall be entitled to full freight for goods
received for transportation and additional compensation for extra costs
resulting from the circumstances referred to above.
   
III CARRIER'S LIABILITY
    
9. Basic Liability
(1) The Carrier shall be liable for loss or damage to the goods occurring
between the time when he receives the goods into his charge and the time
of delivery.
    
(2) The Carrier shall be responsible for the acts and omissions of any
person of whose services he makes use for the performance of the contract
of carriage evidenced by this Sea Waybill.
    
(3) The Carrier shall, however, be relieved of liability for any loss or
damage if such loss or damage arose or resulted from:
    
(a) The wrongful act or neglect of the Merchant.
    
(b) Compliance with the instructions of the person entitled to give them.
    
(c) The lack of, or defective conditions of packing in the case of goods
which, by their nature are liable to wastage or to be damaged when not
packed or when not properly packed.
    
(d) Handling, loading, stowage or unloading of the goods by or on behalf
of the Merchant.
    
(e) Inherent vice of the goods.
   
(f) Insufficiency or inadequacy of marks or numbers on the goods,
covering, or unit loads.
    
(g) Strikes or lock-outs or stoppages or restraints of labour from
whatever cause whether partial or general.
    
(h) Any cause or event which the Carrier could not avoid and the
consequence whereof the could not prevent by the exercise of reasonable
diligence. 
    
(4) Where under sub-clause 9 (3) the Carrier is not under any liability in
respect of some of the factors causing the loss or damage, he shall only
be liable to the extent that those factors for which he is liable under
this Clause have contributed to the loss or damage.
    
(5) The burden of proving that the loss or damage was due to one or more
of the causes or events, specified in (a), (b) and (h) of sub-clause 9 (3)
shall rest upon the Carrier.
    
(6) When the Carrier establishes that in the circumstances of the case,
the loss or damage could be attributed to one or more of the causes or
events, specified in (c) to (g) of sub-clause 9 (3), it shall be presumed
that it was so caused. The Merchant shall, however, be entitled to prove
that the loss or damage was not, in fact, caused either wholly or partly
by one or more of the causes or events.
    
10. Amount of Compensation
(1) When the Carrier is liable for compensation in respect of loss of or
damage to the goods, such compensation shall be calculated by reference to
the value of such goods at the place and time they are delivered to the
Merchant in accordance with the contract or should have been so delivered.
   
(2) The value of the goods shall be fixed according to the commodity
exchange price or, if there be no such price, according to the current
market price or, if there be no commodity exchange price or current market
price, by reference to the normal value of goods of the same kind and
quality.
    
(3) Compensation shall not, however, exceed two Special Drawing Rights per
kilogram of gross weight of the goods lost or damaged.
    
(4) Higher compensation may be claimed only when, with the consent of the
Carrier, the value for the goods declared by the Shipper which exceeds the
limits laid down in this Clause has been stated on the face of this Sea
Waybill at the place indicated. In that case the amount of the declared
value shall be substituted for that limit.
    
11. Special Provisions for Liability and Compensation
(1) Notwithstanding anything provided for in Clauses 9 and 10 of this Sea
Waybill, if it can be proved where the loss or damage occurred, the
Carrier and the Merchant shall, as to the liability of the Carrier, be
entitled to require such liability to be determined by the provisions
contained in any international convention or national law, which
provisions:
    
(a) cannot be departed from by private contract, to the detriment of the
claimant, and
   
(b) would have applied if the Merchant had made a separate and direct
contract with the Carrier in respect of the particular stage of transport
where the loss or damage occurred and received as evidence thereof any
particular document which must be issued if such international convention
or national law shall apply.
    
(2) Insofar as there is no mandatory law applying to carriage by sea by
virtue of the provisions of sub-clauses 11(1), the liability of the
Carrier in respect of any carriage by sea shall be determined by the
International Brussels Convention 1924 as amended by the Protocol signed
at Brussels on February 23rd 1968 - The Hague/Visby Rules. The Hague/Visby
Rules shall also determine the liability of the Carrier in respect of
carriage by inland waterways as if such carriage were carriage by sea.
Furthermore, they shall apply to all goods, whether carried on deck or
under deck.
    
12. Delay, Consequential Loss, etc.
If the Carrier is held liable in respect of delay, consequential loss or
damage other than loss of or damage to the goods, the liability of the
Carrier shall be limited to the freight for the transport covered by this
Sea Waybill, or to the value of the goods as determined in Clause 10,
whichever is the lesser.
    
13. Notice of Loss of or Damage to the Goods
(1) Unless notice of loss of or damage to the goods, specifying the
general nature of such loss or damage, is given in writing by the Merchant
to the Carrier when the goods are handed over to the Merchant, such
handing over is prima facie evidence of the Delivery by the Carrier of the
goods described in this SeaWaybill.
    
(2) Where the loss or damage is not apparent, the same prima facie effect
shall apply if notice in writing is not given within three (3) consecutive
days after the day when the goods were handed over to the Merchant.
    
14. Defences and Limits for the Carrier, Servants, etc.
    
(1) The defences and limits of liability provided for in this Sea Waybill
shall apply in any action against the Carrier for loss or damage to the
goods whether the action can be founded in contract or in tort.
    
(2) The Carrier shall not be entitled to the benefit of the limitation of
liability provided for in sub-clause 10 (3), if it is proved that the loss
or damage resulted from a personal act or omission of the Carrier done
with intent to cause such loss or damage or recklessly and with knowledge
that damage would probably result.
    
(3) The Merchant undertakes that no claim shall be made against any
servant, agent or other persons whose services the Carrier had used in
order to perform this Contract and if any claim should nevertheless be
made, to indemnify the Carrier against all consequences thereof.
   
(4) However, the provisions of this Sea Waybill apply whenever claims,
relating to the performance of this Contract are made against any servant,
agent or other person whose services the Carrier has used in order to
perform this Contract, whether such claims are founded in contract or in
tort. In entering into this Contract, the Carrier, to the extent of such
provisions, does so not only on his own behalf but also as agent or
trustee for such persons. The aggregate liability of the Carrier and such
persons shall not exceed the limits in Clauses 10, 11 and 24,
respectively.
  
PROVISIONS/NOTES/EXCEPTIONS:
    
Use of Sea Waybills instead of Bills of Lading (When Applicable)
In consideration of DEN HARTOGH Global issuing, at the Shipper's request,
Sea Waybill(s) instead of bill(s) of lading for the contract of carriage
of the cargo, the Shipper hereby indemnifies DEN HARTOGH Global for all
and any claims, losses, costs, expenses and liabilities of any nature that
may arise in consequence of the use of a Sea way bill instead of a bill of
lading. The Shipper further undertakes the necessary actions to ensure
that the ultimate consignee of the cargo receives a legible copy of, and
agrees to abide by, the terms, conditions, exceptions and limitations as
stated in the DEN HARTOGH Global (hereafter DHG) Sea Waybill.
    
Without limitation the indemnity shall include:
    
- The consignee refuses to abide by the terms and conditions contained in
the Sea way bill;
    
- There is a claim for wrongful delivery against DHG even though DHG has
delivered the cargo to the consignee named in the Sea way bill or to the
consignee to whom the shipper, directly or by its agents or
subcontractors, has directed the cargo should be delivered to; and
    
- The consignee refuses to pay any additional charges applicable to the
carriage, on which the Shipper however has as agreed upon.
    
IV DESCRIPTION OF GOODS
    
15. Carrier's Responsibility
The information in this Sea Waybill shall be prima facie evidence of the
taking in charge by the Carrier of the goods as described by such
information unless a contrary indication, such as "shipper's weight, load
and count", "Shipper-packed container" or similar expressions, have been
made in the printed text or superimposed on the Sea Waybill. Proof to the
contrary shall not be admissible when the Sea Waybill has been
transferred, or the equivalent electronic data interchange message has
been transmitted to and acknowledged by the Consignee who in good faith
has relied and acted thereon.
    
16. Shipper's Responsibility
The Shipper shall be deemed to have guaranteed to the Carrier the
accuracy, at the time the goods were taken in charge by the Carrier, of
the description of the goods, marks, number, quantity and weight, as
furnished by him, and the Shipper shall defend, indemnify and hold
harmless the Carrier against all loss, damage and expenses arising or
resulting from inaccuracies in or inadequacy of such particulars. The
right of the Carrier to such indemnity shall in no way limit his
responsibility and liability under this Sea Waybill to any person other
than the Shipper. The Shipper shall remain liable even if the Sea Waybill
has been transferred by him.
    
17. Shipper-packed Containers, etc.
(1) If a container has not been filled, packed or stowed by the Carrier,
the Carrier shall not be liable for any loss of or damage to its contents
and the Merchant shall cover any loss or expense incurred by the Carrier,
if such loss, damage or expence has been caused by;
    
(a) negligent filling, packing or stowing of the container;
    
(b) the contents being unsuitable for carriage in container; or
    
(c) the unsuitability or defective condition of the container unless the
container has been supplied by the Carrier and the unsuitability or
defective condition would not have been apparent upon reasonable
inspection at or prior to the time when the container was filled, packed
or stowed.
    
(2) The provisions of sub-clause (1) of this Clause also apply with
respect to trailers, transportable tanks, flats and pallets which have not
been filled, packed or stowed by the Carrier.
    
(3) The Carrier does not accept liability for damage due to the
unsuitability or defective condition of reefer equipment or trailers
supplied by the Merchant.
    
18. Dangerous Goods
(1) The Merchant shall comply with all internationally recognised
requirements and all rules which apply according to national law or by
reason of international Convention, relating to the carriage of goods of a
dangerous nature, and shall in any event inform the Carrier in writing of
the exact nature of the danger before goods of a dangerous nature are
taken into charge by the Carrier and indicate to him, if need be, the
precautions to be taken.
    
(2) Goods of a dangerous nature which the Carrier did not know were
dangerous, may, at any time or place, be unloaded, destroyed, or rendered
harmless, without compensation; further, the Merchant shall be liable for
all expenses, loss or damage arising out of their handing over for
carriage or of their carriage.
    
(3) If any goods shipped with the knowledge of the Carrier as to their
dangerous nature shall become a danger to any person or property, they may
in like manner be landed at any place or destroyed or rendered innocuous
by the Carrier without liability on the part of the Carrier except to
General Average, if any.
    
19. Return of Containers
(1) For the purpose of this Clause the Consignor shall mean the Person who
concludes this Contract with the Carrier and the Consignee shall mean the
person entitled to receive the goods from the Carrier.
    
(2) Tank Containers supplied by or on behalf of the Carrier shall be
returned to the Carrier in the same order and condition as handed over to
the Merchant, normal wear and tear expected, within the time prescribed in
the Carrier's tariff or elsewhere.
    
(3) 
(a) The Consignor shall be liable for any loss of, damage to, or delay,
including demurrage, of such articles, incurred during the period between
handing over to the Consignor and return to the Carrier for carriage.
    
(b) The Consignor and the Consignee shall be jointly and severally liable
for any loss of, damage to, or delay, including demurrage, of such
articles, incurred during the period between handing over to the Consignee
and return to the Carrier.
    
V. FREIGHT AND LIEN
    
20. Freight
(1) Freight shall be deemed earned when the goods have been taken in
charge by the Carrier and shall be paid in any event.
    
(2) The Merchant's attention is drawn to the stipulations concerning
currency in which the freight and charges are to be paid, rate of
exchange, devaluation and other contingencies relative to freight and
charges in the relevant tariff conditions. If no such stipulation as to
devaluation exists or is applicable the following shall apply: If the
currency in which freight and charges are quoted is devalued between the
date of the freight agreement and the date when the freight and charges
are paid, then all freight and charges shall be automatically and
immediately increased in proportion to the extent of the devaluation of
the said currency.
    
(3) For the purpose of verifying the freight basis, the Carrier reserves
the right to have the contents of containers, trailers or similar articles
of transport inspected in order to ascertain the weight, measurement,
value, or nature of the goods.
    
21. Lien
The Carrier shall have a lien on the Goods and the right to sell the same
by public auction or otherwise at his discretion for all freight, charges
and expenses of whatever kind and nature to the Carrier under this
Contract and also in respect of any previously unsatisfied amounts of the
same nature and for the costs and expenses of exercising such lien and
such sale. Such lien and liability shall remain notwithstanding the Goods
have been landed, stored or otherwise dealt with. If on the sale of the
Goods the proceeds fail to realise the amount due, the Carrier shall be
entitled to recover the difference from any of the parties included in the
term Merchant.
    
VI. MISCELLANEOUS PROVISIONS
    
22. General Average
(1) General Average shall be adjusted at any port or place at the
Carrier's option, and to be settled according to the York-Antwerp Rules
1994, or any modification thereof, this covering all goods, whether
carried on or under deck. The New Jason Clause as approved by BIMCO to be
considered as incorporated herein.
    
(2) Such security including a cash deposit as the Carrier may deem
sufficient to cover the estimated contribution of the goods and any
salvage and special charges thereon, shall, if required, be submitted to
the Carrier prior to delivery of the goods.
    
23. Both-to-Blame Collision Clause
The Both-to-Blame Collision Clause as adopted by BIMCO shall be considered
incorporated herein.
    
24. U.S. Trade
(1) In case of contract evidenced by this Sea Waybill is subject to the
Carriage of Goods by Sea Act of the United States of America, 1936 (U.S.
COGSA), then the provisions stated in the said Act shall govern before
loading and after discharge and throughout the entire time the goods are
in the Carrier's custody.
    
(2) If the U.S. COGSA applies, and unless the nature and value of the
goods have been declared by the shipper before the goods have been handed
over to the Carrier and inserted in this Sea Waybill, the Carrier shall in
no event be or become liable for any loss of or damage to the goods in an
amount exceeding USD 500 per package or customary freight unit.

Table Of Contents