RULE: 8 - BILL(S) OF LADING Eff: 07JUN2010
| Effective | 07JUN2010 |
|---|---|
| Filed | 07JUN2010 |
| 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. The Terms and Conditions of Carrier's regular long form
B/L are as follows:
Standard Conditions (1992) governing FIATA MULTIMODAL
TRANSPORT BILL OF LADING
Definitions
- "Freight Forwarder" means the Multimodal Transport
Operator which issues this FBL and is named on the face of
it and assumes liability for the performance of the
multimodal transport contract as a carrier.
- "Merchant" means and includes the Shipper, the Consignor,
the Consignee, the Holder of this FBL, the Receiver and the
Owner of the Goods.
- "Consignor means the person who concludes the multimodal
transport contract with the Freight Forwarder.
- "Consignee" means the person entitled to receive the
goods from the Freight Forwarder.
- "Taken in charge" means that the goods have been handed
over to and accepted for carriage by the Freight Forwarder
at the place of receipt evidenced in this FBL.
- "Goods" means any property including live animals as well
as containers, pallets or similar articles of transport or
packaging not supplied by the Freight Forwarder,
irrespective of whether such property is to be or is
carried on or under deck.
1. Applicability
Notwithstanding the heading "FIATA Multimodal Transport
Bill of Lading (FBL)" these conditions shall also apply if
only one mode of transport is used.
2. Issuance of this FBL
2.1. By issuance of this FBL the Freight Forwarder
a) undertakes to perform and/or in his own name to procure
the performance of the entire transport, from the place at
which the goods are taken in charge (place of receipt
evidenced in this FBL) to the place of delivery designated
in this FBL;
b) assumes liability as set out in these conditions.
2.2. Subject to the conditions of this FBL the Freight
Forwarder shall be responsible for the acts and omissions
of his servants or agents acting within the scope of their
employment, or any other person of whose services he makes
use for the performance of the contract evidenced by this
FBL, as if such acts and omissions were his own.
3. Negotiability and title to the goods
3.1. This FBL is issued in a negotiable form unless it is
marked "non negotiable". It shall constitute title to the
goods and the holder, by endorsement of this FBL, shall be
entitled to receive or to transfer the goods herein
mentioned.
3.2. The information in this FBL shall be prima facie
evidence of the taking in charge by the Freight Forwarder
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,
has been made in the printed text or superimposed on this
FBL. However, proof to the contrary shall not be
admissible when the FBL has been transferred to the
consignee for valuable consideration who in good faith has
relied and acted thereon.
4. Dangerous Goods and Indemnity
4.1. The Merchant shall comply with rules which are
mandatory according to the national law or by reason of
International Convention, relating to the carriage of goods
of a dangerous nature, and shall in any case inform the
Freight Forwarder in writing of the exact nature of the
danger, before goods of a dangerous nature are taken in
charge by the Freight Forwarder and indicate to him, if
need be, the precautions to be taken.
4.2. If the Merchant fails to provide such information and
the Freight Forwarder is unaware of the dangerous nature of
the goods and the necessary precautions to be taken and if,
at any time, they are deemed to be a hazard to life or
property, they may at any place be unloaded, destroyed or
rendered harmless, as circumstances may require, without
compensation. The Merchant shall indemnify the Freight
Forwarder against al; loss, damage, liability, or expense
arising out of their being taken in charge, or their
carriage, or of any service incidental thereto.
The burden of proving that the Freight Forwarder knew the
exact nature of the danger constituted by the carriage of
the said goods shall rest on the Merchant.
4.3. If any goods shall become a danger to life or
property, they may in like manner be unloaded or landed at
any place or destroyed or rendered harmless. If such
danger was not caused by the fault and neglect of the
Freight Forwarder he shall have no liability and the
Merchant shall indemnify him against all loss, damage,
liability and expense arising therefrom.
5. Description of Goods and Merchant"s Packing and
Inspection
5.1. The Consignor shall be deemed to have guaranteed to
the Freight Forwarder the accuracy, at the time the goods
were taken in charge by the Freight Forwarder, of all
particulars relating to the general nature of the goods,
their marks, number, weight, volume and quantity and, if
applicable, to the dangerous character of the goods, as
furnished by him or on his behalf for insertion on the FBL.
The Consignor shall indemnify the Freight Forwarder against
all loss, damage and expense resulting from any inaccuracy
or inadequacy of such particulars.
The Consignor shall remain liable even if the FBL has been
transferred by him.
The right of the Freight Forwarder to such an indemnity
shall in no way limit his liability under this FBL to any
person other than the Consignor.
5.2. The Freight Forwarder shall not be liable for any
loss, damage or expense caused by defective or insufficient
packing of goods or by inadequate loading or packing within
containers or other transport units when such loading or
packing has been performed by the Merchant or on his behalf
by a person other than the Freight Forwarder, or by the
defect or unsuitability of the containers or other
transport units supplied by the Merchant, or if supplied by
the Freight Forwarder if a defect or unsuitability of the
container or other transport unit would have been apparent
upon reasonable inspection by the Merchant. The Merchant
shall indemnify the Freight Forwarder against all loss,
damage, liability and expense so caused.
6. Freight Forwarder"s Liability
6.1. The responsibility of the Freight Forwarder for the
goods under these conditions covers the period from the
time the Freight Forwarder has taken the goods in his
charge to the time of their delivery.
6.2. The Freight Forwarder shall be liable for loss of or
damage to the goods as well as for delay in delivery if the
occurrence which caused the loss, damage or delay in
delivery took place while the goods were in his charge as
defined in Clause 2.1 a, unless the Freight Forwarder
proves that no fault or neglect of his own, his servants or
agents or any other person referred to in Clause 2.2 has
caused or contributed to such loss, damage or delay.
However, the Freight Forwarder shall only be liable for
loss following from delay in delivery if the Consignor has
made a declaration of interest in timely delivery which has
been accepted by the Freight Forwarder and stated in this
FBL.
6.3. Arrival times are not guaranteed by the Freight
Forwarder. However, delay in delivery occurs when the
goods have not been delivered within the time expressly
agreed upon or, in the absence of such agreement, within
the time which would be reasonable to require of a diligent
Freight Forwarder, having regard to the circumstances of
the case.
6.4. If the goods have not been delivered within ninety
consecutive days following such date of delivery as
determined in Clause 6.3., the claimant may, in the absence
of evidence to the contrary, treat the goods as lost.
6.5. When the Freight Forwarder establishes that, in the
circumstances of the case, the loss or damage could be
attributed to one or more causes or events, specified in a)
thru e) of the present clause, it shall be presumed that it
was so caused, always provided, however, that the claimant
shall be entitled to prove that the loss or damage was not,
in fact, caused wholly or partly by one or more of such
causes or events:
a) an act or omission of the Merchant, or person other than
the Freight Forwarder acting on behalf of the Merchant or
from whom the Freight Forwarder took the goods in charge
b) insufficiency or defective condition of the packaging or
marks and/or numbers;
c) handling, loading, stowage or unloading of the goods by
the Merchant or any person acting on behalf of the
Merchant;
d) inherent vice of the goods;
e) strike, lockout, stoppage or restraint of labour.
6.6. Defences for carriage by sea or inland waterways
Notwithstanding Clauses 6.2., 6.3. and 6.4. the Freight
Forwarder shall not be liable for loss, damage or delay in
delivery with respect to goods carried by sea or inland
waterways when such loss, damage or delay during such
carriage has been caused by:
a) act, neglect, or default of the master, mariner, pilot
or the servants of the carrier in the navigation or in the
management of the ship,
b) fire, unless caused by the actual fault or privity of
the carrier, however, always provided that whenever loss or
damage has resulted from unseaworthiness of the ship, the
Freight Forwarder can prove that due diligence has been
exercised to make the ship seaworthy at the commencement of
the voyage.
7. Paramount Clauses
7.1. These conditions shall only take effect to the extent
that they are not contrary to the mandatory provisions of
International Conventions or national law applicable to the
contract evidenced by this FBL.
7.2. The Hague Rules contained in the International
Convention for the unification of certain rules relating to
Bills of Lading, dated Brussels 25th August 1924, or in
those countries where there are already in force the
Hague-Visby Rules contained in the Protocol of Brussels,
dated 23rd February 1968, as enacted in the Country of
Shipment, shall apply to all carriage of goods whether
carried on deck or under deck.
7.3. The Carriage of Goods by Sea Act of the United States
of America (COGSA) shall apply to the carriage of goods by
sea whether on deck or underdeck, if compulsorily
applicable to this FBL or would be applicable but for the
goods being carried on deck in accordance with a statement
on this FBL.
8. Limitation of Freight Forwarder"s Liability
8.1. Assessment of compensation for loss or damage to the
goods shall be made by reference to the value of such goods
at the place and time when, in accordance with this FBL,
they should have been so delivered.
8.2. The value of the goods shall be determined according
to the current commodity exchange price or, if there is no
such price, according to the current market price or, if
there are no such prices, by reference to the normal value
of goods of the same name and quality.
8.3. Subject to the provision of subclauses 8.4 to 8.9.
inclusive, the Freight Forwarder shall in no event be or
become liable for any loss of or damage to the goods in an
amount exceeding the equivalent of 666.67 SDR per package
or unit of 2 SDR per kilogramme of gross weight of the
goods lost or damaged, whichever is the higher, unless the
nature and value of the goods shall have been declared by
the Consignor and accepted by the Freight Forwarder before
the goods have been taken in his charge, or the ad valorem
freight rate paid and such value is stated in the FBL by
him, then such declared value shall be the limit.
8.4. Where a container, pallet or similar article of
transport is loaded with more than one package or unit, the
packages or other shipping units enumerated in the FBL as
packed in such article of transport are deemed packages or
shipping units. Except as aforesaid, such article of
transport shall be considered the package or unit.
8.5. Notwithstanding the above mentioned provisions, if the
multimodal transport does not, according to the contract,
include carriage of goods by sea or by inland waterways,
the liability of the Freight Forwarder shall be limited to
an amount not exceeding 8.33 SDR per kilogramme of gross
weight of the goods lost or damaged.
8.6.
a) When the loss of or damage to the goods occurred during
one particular stage of the multimodal transport, in
respect of which an applicable international convention or
mandatory national law would have provided another limit of
liability if a separate contract of carriage had been made
for that particular stage of transport, then the limit of
the Freight Forwarder"s liability for such loss or damage
shall be determined by reference to the provisions of such
convention or mandatory national law.
b) Unless the nature and value of the goods shall have been
declared by the Merchant and inserted in this FBL, and the
ad volorem freight rate paid, the liability of the Freight
Forwarder under COGS, where applicable, shall not exceed
US$ 500 per package or, in the case of goods not shipped in
packages, per customary freight unit.
8.7. If the Freight Forwarder is liable in respect of loss
following from delay in delivery, or consequential loss or
damage other than loss of or damage+to the goods, the
liability of the Freight Forwarder shall be limited to an
amount not exceeding the equivalent of twice the freight
under the multimodal contract for the multimodal transport
under this FBL.
8.8. The aggregate liability of Freight Forwarder shall not
exceed the limits of liability for total loss of the goods.
8.9. The Freight Forwarder is not entitled to the benefit
of the limitation if it is proved that the loss, damage or
delay in delivery resulted from a personal act or omission
of the Freight Forwarder shall be limited to an amount not
exceeding the equivalent of twice the freight under the
multimodal contract for the multimodal transport under this
FBL.
9. Applicability to Actions in Tort
These conditions apply to all claims against the Freight
Forwarder relating to the performance of the contract
evidenced by this FBL, whether the claim be founded in
contract or in tort.
10. Liability of Servants and other Persons
10.1. These conditions apply whenever claims relating to
the performance of the contract evidenced by this FBL are
made against any servant, agent or other person (including
any independent contractor) whose services have been used
in order to perform the contract, whether such claims are
founded in contract or in tort, and the aggregate liability
of the Freight Forwarder and of such servants, agents or
other persons shall not exceed the limits in clause 8.
10.2. In entering into this contract as evidenced by this
FBL, the Freight Forwarder, to the extent of these
provisions, does not only act on his own behalf, but also
as agent or trustee for such persons, and such persons
shall to this extent be or be deemed to be parties to this
contract.
10.3. However, if it is proved that the loss of or such
loss or damage to the goods resulted from a personal act or
omission of such a person referred to in Clause 10.1., done
with intent to cause damage, or recklessly and with
knowledge that damage would probably result, such person
shall not be entitled to benefit of limitation of liability
provided for in Clause 8.
10.4. The aggregate of the amounts recoverable from the
Freight Forwarder and the persons referred to in clauses
2.2. and 10.1. shall not exceed the limits provided for in
these conditions.
11. Method and Route of Transportation
Without notice to the Merchant, the Freight Forwarder has
the liberty to carry the goods on or under deck and to
choose or substitute the means, route and procedure to be
followed in the handling, stowage, storage and
transportation of the goods.
12. Delivery
12.1. Goods shall be deemed to be delivered when they have
been handed over or placed at the disposal of the Consignee
or his agent in accordance with this FBL, or when the goods
have been handed over to any authority or other party to
whom, pursuant to the law or regulation applicable at the
place of delivery, the goods must be handed over, or such
other place at which the Freight Forwarder is entitled to
call upon the Merchant to take delivery.
12.2. The Freight Forwarder shall also be entitled to store
the goods at the sole risk of the Merchant, and the freight
Forwarder"s liability shall cease, and the cost of such
storage shall be paid upon demand, by the Merchant to the
Freight Forwarder.
12.3. If at any time the carriage under this FBL is or is
likely to be affected by any hindrance or risk of any kind
(including the condition of the goods) not arising from any
fault or neglect of the Freight Forwarder or a person
referred to in Clause 2.2 and which cannot be avoided by
the exercise of reasonable endeavours the Freight Forwarder
may:
abandon the carriage of the goods under this FBL
and, where reasonably possible, place the goods or any part
of them at the Merchant"s disposal at any place with the
Freight Forwarder may deem safe and convenient, whereupon
delivery shall be deemed to have been made, and the
responsibility of the Freight Forwarder in respect of such
goods shall cease.
In any event, the Freight Forwarder shall be
entitled to full freight under this FBL and the Merchant
shall pay any additional costs resulting from the above
mentioned circumstances.
13. Freight and Charges
13.1. Freight shall be paid in cash, without any reduction
or deferment on account of any claim, counterclaim or
set-off, whether prepaid or payable at destination.
Freight shall be considered as earned by the Freight
Forwarder at the moment when the goods have been taken in
his charge, and not returned in any event.
13.2. Freight and all other amounts mentioned in this FBL
are to be paid in the currency named in this FBL or, at the
Freight Forwarder"s option, in the currency of the country
of dispatch or destination at the highest rate of exchange
for bankers sight bills current for prepaid freight on the
day of dispatch and for freight payable at destination on
the day when the Merchant is notified on arrival of the
goods there or on the date of withdrawal of the delivery
order, whichever rate is the higher, or at the option of
the Freight Forwarder on the date of this FBL.
13.3. All dues, taxes and charges or other expenses in
connection with the goods shall be paid by the Merchant.
Where equipment is supplied by the Freight Forwarder, the
Merchant shall pay all demurrage and charges which are not
due to a fault or neglect of the Freight Forwarder.
13.4. The Merchant shall reimburse the Freight Forwarder in
proportion to the amount of freight for any costs for
deviation or delay or any other increase of costs of
whatever nature caused by war, warlike operations,
epidemics, strikes, government directions or force majeure.
13.5. The Merchant warrants the correctness of the
declaration of contents, insurance, weight, measurements or
value of the goods but the Freight Forwarder has the
liberty to have the content inspected and the weight
measurements or value verified. If on such inspection it
is found that the declaration is not correct it is agreed
that a sum equal either to five times the difference
between the correct figure and the freight charged or to
double the correct freight less the freight charged,
whichever sum is the smaller shall be payable as liquidated
damages to the Freight Forwarder for his inspection costs
and losses of freight on other goods notwithstanding any
other sum having been stated on this FBL as freight
payable.
13.6. Despite the acceptance by the Freight Forwarder of
instructions to collect freight, charges or other expenses
from any other person in respect of the transport under
this FBL, the Merchant shall remain responsible for such
monies on receipt of evidence of demand and the absence of
payment for whatever reason
14. Lien
The Freight Forwarder shall have a lien on the goods and
any documents relating thereto for any amount due at any
time to the Freight Forwarder from the Merchant including
storage fees and the cost of recovering same, and may
enforce such lien in any reasonable manner which he may
think fit.
15. General Average
The Merchant shall indemnify the Freight Forward in respect
of any claims of a General Average nature which may be made
on him and shall provide such security as may be required
by the Freight Forwarder in this connection.
16. Notice
16.1. Unless notice of loss or of damage to the goods,
specifying the general nature of such loss or damage, is
given in writing by the consignee to the Freight Forwarder
when the goods are delivered to the consignee in accordance
with clause 12, such handing over is prima facie evidence
of the delivery by the Freight Forwarder of the goods as
described in this FBL.
16.2. Where the loss or damage is not apparent, the same
prima facie effect shall apply if notice in writing is not
given within 6 consecutive days after the day when the
goods were delivered to the consignee in accordance with
clause 12.
17. Time bar
The Freight Forwarder shall, unless otherwise expressly
agreed, be discharged of all liability under these
conditions unless suit is brought within 9 months after the
delivery of the goods, or the date when the goods should
have been delivered, or the date when in accordance with
clause 6.4 failure to deliver the goods would give the
consignee the right to treat the goods as lost.
18. Partial Invalidity
If any clause ore part thereof is held to be invalid, the
validity of this FBL and the remaining clauses or a part
thereof shall not be affected.
19. Jurisdiction and applicable law
Actions against the Freight Forwarder may be instituted
only in the place where the Freight Forwarder has his place
of business as stated on the reverse of this FBL and shall
be decided according to the law of the country in which
that place of business is situated.
