RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 05NOV2021
| Effective | 05NOV2021 |
|---|---|
| Filed | 05NOV2021 |
| Filing Codes | IC |
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:
Nanix Express Int'l Inc., hereinafter referred to as
"Carrier" receives for shipment, in apparent good order
and condition, unless otherwise noted herein, the number
of containers or other packages or pieces shown in the
"Carrier's Receipt" and said by the Shipper to hold the
goods described in the "Particulars Furnished by Shipper".
The Carrier shall have the right at its sole discretion to
use leaderships, ferries, lighters, trucks, trains or
planes, in addition to the Ocean Vessel or its substitute,
to accomplish said carriage. If the goods are shipped
from or are consigned to a port or place not directly
served by Carrier's own vessel, or in case of a through
shipment or trans-shipment, the Carrier will, acting only
as the Shipper's AGENT, arrange for transportation of the
shipment by other carriers from the place of shipment to
the port of loading on Carrier's vessel and from the port
of discharge from Carrier's vessel to ultimate
destination, and during such segments of transportation
the carriage, handling or storage of the goods shall be
subject to the freight contracts and tariffs of such other
carriers. However, this Carrier guarantees the performance
of the obligation of such previous carriers or on-carriers
under their freight documents. The liability of this
Carrier as a Carrier shall commence when the shipment is
received into its exclusive custody and shall terminate
when the goods are ready for delivery to consignee or
on-carrier, and the Carrier shall not be liable for damage
or losses not occurring on its own segment of the overall
carriage. The Carrier shall hold for the benefit of the
owner of the goods all bills of lading, freight, documents
or receipts issued by other carriers or bailees. The
receipt, bailment, carriage, delivery and trans-shipment
of the goods are subject to all terms, conditions and
limitations of this bill of lading and of the Carrier's
regularly filed Freight Tariffs and Regulations, which are
deemed incorporated herein as if set forth at length, and
shall govern the relations, whatsoever they may be,
between the Shipper, Consignee or holder and the Carrier,
Master, ocean vessel, leadership, ferry, lighter or any
other means of transport owned or operated by the Carrier
and whether the Carrier be acting as carrier or bailee.
1. This bill of lading shall have effect subject to the
provisions of the Carriage of Goods by Sea Act of the
United States of America, amended in 1984, which shall
be deemed to be incorporated herein, and nothing herein
contained shall be deemed a surrender by the Carrier of
any of its rights or immunities or limitations or any
increase of its responsibilities or liabilities under
said Act. The provisions stated in said Act (except as
otherwise specifically provided herein) shall govern
before the shipment is loaded on and after it is
discharged from the vessel and throughout the entire
time the goods are in the exclusive custody of the
Carrier until made ready for delivery. If this bill of
lading is issued or delivered in a locality where there
is in force a compulsorily applicable Carriage of Goods
by Sea Act Ordinance or Statute of a nature similar to
the International Convention for the Unification of
Certain Rules Relating to Bills of Lading dated at
Brussels August 25, 1924, it is subject to the
provisions stated in such Act, Ordinance or Statute and
rules thereto annexed which may be in effect where this
bill of lading is issued.
a. The Carrier shall be entitled to the full benefit
of, and right to, all limitations of, or exemptions
from liability authorized by any provisions of
Sections 4281 to 4288 inclusive of the Revised
Statutes of the United States and amendments thereto
and of any other provisions of the law of the United
States or of any other country whose laws shall
apply. The terms of this bill of lading constitute
the contract of carriage, which is between the
Shipper, consignee and owner of the goods, and the
owner or demise charterer of the vessel designated
to carry the shipment. It is understood and agreed
that other than the said shipowner or demise
charterer, no person, firm or corporation or other
legal entity whatsoever (including terminal
operators, stevedores, watchmen and other
independent contractors whatsoever) is, or shall be
deemed to be liable with respect to the goods as
carrier, bailee or otherwise howsoever, in contract
or in tort. If, however, it shall be adjudged that
nay other than said shipowner or demise charterer is
carrier or bailee of the goods or under any
responsibility with respect thereto, all limitations
of and exonerations from liability provided by law
or by the terms hereof shall be available to such
other. In contracting for the foregoing exemptions,
limitations and exonerations from liability, the
carrier is acting as agent and trustee for the other
above mentioned.
2. In this bill of lading the word "vessel" shall
include the vessel to be used for ocean crossing, named
on the face hereof or any substitute ocean vessel
actually used, also any leadership, ferry, lighter, or
any other watercraft used by the Carrier in the
performance of this contract; the work "Carrier", with
capital "C", shall include the Carrier named on the
front side hereof, the vessel, her owner, demise
charterer. If bound hereby, the time charterer, and any
substituted ocean carrier, whether the owner or
charterer shall be acting as carrier or bailee; the work
"Shipper" shall include the party for whose account the
goods are shipped as well as the party named as such in
this bill of lading; the word "Consignee" shall include
the charges due hereunder, whether actually paid or not,
and to receive and retain them irrevocably under all
circumstances whatsoever, vessel and/or goods lost or
not lost or the voyage broken up or abandoned. All
unpaid charges shall be paid in full and without any
offset, counterclaim or deduction in the currency of the
United States or at Carrier's option, its equivalent in
foreign currency. The said Carrier shall have a lien on
the goods, which then shall survive delivery, for all
freight and charges due under this bill of lading and
under any contract preliminary hereto, including dead
freight and demurrage, and for the cost of receiving
such freight and demurrage, and may enforce this lien by
public or private sale and without notice. The Shipper,
Consignee and owner of the goods shall be jointly and
severally liable to the Carrier for the payment of all
freight and charges and the performance of the
obligation of each of them hereunder.
3. The scope of the sea voyage herein contracted for
shall include usual or customary or advertised ports of
call whether named in this contract or not, also ports
in or out of the advertised, geographical, usual route
or order, even though in proceeding thereto the vessel
may sail beyond the port of discharge named herein or in
a direction contrary thereto, or return to the original
port, or depart from the direct or customary route and
includes all canals, straits, and other waters. The
vessel may call at any port for the purpose of the
current voyage, or of a prior or subsequent voyage. The
vessel may omit calling at any port whether scheduled or
not, and may call a the same port more than once, may
discharge the goods during the first or subsequent call
at the port of discharge; may for matters occurring
before or after loading, and either with or without the
goods on board, and before or after proceeding towards
the port of discharge, adjust compasses, drydock with
or without cargo on board, stop for repairs, shift
berths, make trial trips or tests, take fuel or stores,
remain in port, lie on bottom, aground or at anchor,
sail with or without pilots, tow and towed, and save or
attempt to save life or property, and all of the
foregoing are included in the contract voyage. The
vessel may carry contraband, explosives, munitions,
war-like stores, hazardous cargo, and self armed or
unarmed, and with or without convoy. The Carrier's
sailing schedules are subject to change without
notice, both as to sailing date and date of arrival.
If this is a Through Bill of Lading, no carrier
is bound to transport the shipment by any particular
train, truck, aircraft or vessel, or in time for any
particular market or otherwise then with reasonable
dispatch; no carrier shall be liable for delay and any
carrier shall have the right to forward the goods by
substitute carrier.
4. In any situation whatsoever and wheresoever occurring
and whether existing or anticipated before commencement
of or during the voyage, which in the judgment of the
Carrier or the Master is likely to give the rise to risk
of capture, seizure, detention, damage, delay or
disadvantage to or loss of the vessel or any part
of her cargo, to make it unsafe, imprudent or unlawful
for any reason to receive, keep or load the goods, or
commence or proceed on or continue the voyage, or to
enter or discharge the goods or disembark passengers at
the port of discharge, or the usual or agreed or
intended place of discharge in such port, or to give
rise to delay or difficulty in proceeding by the usual
or intended route, the Carrier or the Master may decline
to receive, keep or load the goods or may devan
container(s) contents or any part thereof and may
require the Shipper, or other persons entitled thereto,
to take delivery of the goods at the port of shipment
and upon failure to do so, may warehouse the goods at
the risk and expense of the goods; or the vessel,
whether or not proceeding toward or entering or
attempting to enter a port of discharge, or reaching or
attempting to reach a usual place of discharge therein
or attempting to discharge the shipment, may discharge
the goods and/or devan the contents of any container(s)
at another port, in depot, lighter, craft, or other
place, or may forward or trans-ship them as provided in
the bill of lading (Clause 10); or the Carrier or the
Master may retain the goods vanned or unvanned, on board
until the return of the vessel to the port of loading or
to the port of discharge or until such time as the
Carrier or the Master thinks advisable and discharge the
goods at any place whatsoever as herein provide. The
Carrier or the Master is not required to give notice of
such devanning or of discharge of the goods or of the
forwarding thereof as herein provided. When the goods
are discharged from the ship, as herein provided, they
shall be at their risk and expense; such discharging
shall constitute complete delivery and performance under
this contract and the Carrier shall be freed from any
further responsibility, unless it be shown that any loss
or damage to the goods arise from Carrier's negligence
in the discharge and delivery as herein provided, the
burden of establishing such negligence being on the
owner of the goods. For any service rendered to the
goods as hereinabove provided or for any delay or
expense to the vessel caused as a result thereof, the
Carrier shall be entitled to a reasonable extra
compensation, and shall have lien on the goods for such
charge. Notice of disposition of the goods shall be
mailed to Shipper or Consignee. Goods shut out from the
vessel named herein for any cause may be forwarded on a
subsequent vessel of this line or, at Carrier's option,
on a responsible for their processing (a) in accordance
with term of the land Carriers' Contracts and Tariffs,
where loss or damage occurs while goods are in custody
of this Carrier. All claims and suits must be commenced
within time limits of applicable contracts and statutes.
In the event this Carrier pays a claim, it shall be
subrogated to claimant's rights against participating
carriers. When it cannot be established in whose
custody the goods were when the loss or damage occurred,
the loss or damage shall be deemed to have occurred
during the sea voyage while in the custody of this
Carrier.
5. The Carrier shall not be responsible for the sale
and proper stowing of goods in containers if such
containers are loaded with goods by the shipper,
consolidator or inland carrier, and no responsibility
shall attach to the Carrier for any loss or damage
caused to contents by shifting, overloading or improper
packing of the container. containers loaded by the
shipper, consolidator or inland carrier shall be
properly sealed and the seal identification reference,
as well as the container reference, shall be shown
herein. The shipper, consolidator or inland carrier
shall inspect containers before loading them and loading
of the containers shall be prime facie evidence that the
containers were sound and suitable for use. The Carrier
will not be liable in any event for the particulars
furnished by shipper as shown on the face of this bill
of lading. This bill of lading is a receipt only for
the number of containers, or other packages or places as
shown in the Carrier's receipt on the face of this bill
of lading. The Carrier makes no representation as to
the quantity, weight, or description in the Particulars
Furnished by the Shipper. The Shipper, Consignee and/or
holder hereof agree to be liable for, and shall
indemnify the Carrier for any injury, loss or damage,
including fines, arising from Shipper's failure to
store the goods properly in containers or to declare
correctly herein any of the particulars furnished by
him, including marks, quantity and description of the
goods, weight and cubic measurement of goods, and the
exact total gross weight of container, also for any kind
of damage or injury caused by the contents of said
container(s) to other property or to persons.
6. The Carrier shall have the right to store goods in
containers and to store containers on deck unless this
bill of lading is claused "stored under deck" on the
face hereof by the Carrier. Containers stored on deck
shall be deemed for all purposes to be stored under
deck, including General Average and COGSA. Special
container(s) or cargo space with refrigeration or
heating units shall not be furnished unless contracted
for in writing at time of booking and freight is charged
on the basis of the rules for cargo requiring such
special container(s) or space as provided in the tariff.
shipper shall advise Carrier of desired temperature
range when delivering goods to the Carrier and Carrier
shall exercise due diligence to maintain desired range
within plus or minus 2 degrees F, while the containers
are in its custody and control. The Carrier does not
warrant refrigerating or heating machinery of containers
and shall not be responsible for its operation or
maintenance except while the containers are in its
actual custody and control, at which time the Carrier
shall exercise reasonable care in operation or
maintenance of such machinery.
7. Deck cargo (except goods carried in containers on
deck) and live animals are received and carried safely
at Shipper's and Consignee's risk (including accident or
mortality of animals), and the Carrier shall not in any
event be liable for any loss or damage thereto arising
or resulting from any matters mentioned in Section 4,
Sub-section 2(a) to (p) inclusive of the United States
Carriage of Goods by Sea Act, or from any other cause
whatsoever not due to the fault of the Carrier, any
warranty of seaworthiness on the premises being hereby
waived, and the burden of proving liability being in all
respects upon the shipper or Consignee. Except as
provided, above, such shipments shall be deemed good,
and shall be subject to all terms and provisions in this
bill of lading relating to goods.
8. If the ship 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
the servants of the Carrier in the navigation or in the
management of the ship, the owners of the goods carried
hereunder, will indemnify the Carrier against all loss
or liability to the other or non-carrying ship or her
owners in so far as such loss or liability represents
loss of, or damage to, or any claim whatsoever of the
owners of the said goods, paid or payable by the other
or non-carrying vessel or her owner to the owners of
said goods and set-off, recouped or recovered by the
other or non-carrying vessel or her owners as part of
their claim against the carrying vessel or Carrier.
9. General average shall be adjusted, stated and settled
according to York-Antwerp Rules 1974, except Rule XXII
thereof, at such port or places as may be selected by
the Carrier, and as to matters not provided for these
rules, according to the laws and usage at the port of
New York. Average agreement or bond and such additional
security as may be required by the Carrier, must be
furnished before delivery of the goods. The Adjustment
shall be made by an Adjuster selected by the Carrier
from the Association of Average Adjusters of the U.S.A.
and his Adjustment shall be prime facie evidence as
against all interests. In the event of accident, danger,
damage, or disaster, before or after holder of this bill
of lading, properly endorsed, and the receiver and/or
the owner of the goods; the work "charges" shall include
freights and all expenses and money obligations incurred
and payable by the owner of the goods, Shipper,
Consignee or any of them; the words "risk and expense of
the goods" shall mean also at the risk and expense of
the Shipper, Consignee, holder or owner; the work
"goods"shall include the contents of the container(s);
the words "Government" and "Authorities"
shall each include the United Nations or any similar
international organizations and also persons purporting
to exercise control of a governmental nature; "ON Board"
shall mean on board any means of transport used by the
Carrier to accomplish the carriage covered by the bill
of lading; "Port of Loading" shall mean the place where
the transport begins and "Port of Discharge" shall mean
the place where the goods are to be delivered to
consignee or on-carrier.
10. Whenever the Carrier or Master may deem it advisable, or
in any case where goods are destined for port(s) or
place(s) at which the ship will not call, the Carrier
may, without Notice, forward the whole or any part of
the shipment, before or after loading at the original
Port of Shipment, or any other place or places even
though outside the scope of the voyage or the rout to or
beyond the Port of Discharge or the destination of the
goods, by water, by land or by air or by any combination
thereof, whether operated by the Carrier or others and
whether departing or arriving or scheduled to depart or
arrive before or after the ship expected to be used for
the transportation of the shipment. The Carrier may
delay forwarding awaiting a vessel or conveyance in its
own service or with which it has established
connections. In all cases where the shipment is
delivered to another carrier, or to a Lighter, Port
Authority, Warehouseman, or other Bailee, for trans-
shipment, the liability of this Carrier shall absolutely
cease when the goods are out of its exclusive possession
and shall not resume until the goods again come into its
exclusive possession; and the responsibility of this
Carrier during any such period shall be that of an agent
of the shipper and/or Consignee, and this Carrier shall
be without any other responsibility whatsoever in the
regular form of bill of lading, consignment note,
contract or other shipping document used a the time by
such carrier.
11. The Carrier's responsibility as Carrier for the goods
shall not commence until the goods are safely secured
to the vessel's loading gear at the port of loading.
Immediately upon arrival of the ship at the Port
of Discharge, the Carrier may, without giving notice
either of arrival or discharge, deliver the container(s)
and/or goods onto the wharf, craft, or place that the
Carrier or Port Authorities may select, and continuously
Sundays and Holidays included, in daytime or nighttime,
no matter what the state of the weather or Custom of the
port may be. All lighterage and use of craft in loading
and discharging shall be at the risk and expense of the
goods. It is agreed that delivery by the Carrier in any
event shall take place upon discharge from vessel to a
safe lighter or dock and that the responsibility of the
Carrier in any capacity shall altogether cease when the
goods have been discharged and possession is received
or taken by Customs or other authorities, or by the
operator or person in charge of any lighter, craft,
wharf, store, warehouse, elevator or other facilities,
whether select by the Shipper, Consignee or owner of
the goods, or by port authorities, or the Carrier,
unless it be shown that any loss or damage to the goods
was caused by the Carrier's negligence in selecting the
lighter or dock. The burden or establishing such
negligence being on the Shipper or consignee.
12. Carrier shall not be liable for any consequential or
special damages and shall have the option of replacing
lost goods or repairing damaged goods.
13. The shipper, Consignee or cargo owner shall be liable
for and shall indemnify the Carrier and vessel, and
the Carrier shall have a lien on the goods, for all
expenses of co-opening, repairing fumigating, repacking
or reconditioning the goods; also all expenses for
repairing containers damaged while in the possession of
shipper or consignee and demurrage on containers; also
Shipper's or Consignee's failure to supply information
or otherwise comply with laws and regulations in
connection with the goods. The Carrier's lien shall
survive delivery and may be enforced by private or
public sale, and without notice.
14. Since freight is calculated on the basis of particulars
furnished by the Shipper, the Carrier may at any time
inspect the contents of container(s) and examine the
contents of the packages, weigh, measure and value the
goods. In case Shipper's particulars are found to be
erroneous and additional freight is payable, the
Shipper, Consignee and goods shall be liable for all
expense incurred for examining, weighing, measuring and
valuing the goods. full freight to destination shall be
considered completely earned on shipment, whether the
freight be stated or intended to be prepared or to be
collected at destination and the Carrier shall be
entitled to all freight and vessel of another line.
15. Neither the Carrier nor its terminal operator or
stevedore shall be liable to answer for or make good any
loss or damage to goods occurring at any time and even
though before loading on or after discharge from the
vessel, by reason or by means of any fire whatsoever,
unless such fire shall be caused by their design or
neglect.
16. In case of any loss or damage to or in connection with
goods exceeding in actual value the equivalent of $500
lawful money of the United States, per package, or in
case of goods not shipped in packages, per shipping
unit, the value of the goods shall be deemed to be $500
per package or per shipping unit. The Carrier's
liability if any, shall be determined on the basis of a
value of $500 per package or per shipping unit or pro
rate in case of partial loss or damage, unless the
nature of the goods and a valuation higher than $500 per
package or shipping unit shall have been declared in
writing by the Shipper upon delivery to the Carrier and
inserted in this bill of lading and extra charge paid.
In such case if the actual value of the goods per
package or per shipping unit shall exceed such declared
value, the value shall nevertheless be deemed to be
declared value and the Carrier's liability, if any,
shall not exceed the declared value and any partial loss
or damage shall be adjusted pro rate on the basis of
such declared value. The words "shipping unit" shall
mean each physical unit or piece of cargo not shipped in
a package, including articles or things of any
description whatsoever, except goods shipped in bulk,
and irrespective of the weight or measurement unit
employed in calculating freight charges.
17. The Carrier and the vessel shall be discharged from all
liability in respect of loss, damage, misdelivery
or in respect of any other breach of this contract,
whether occurring before loading, on board or after
discharge, unless suit is brought within one year after
delivery of the shipment or the date when the shipment
should have been delivered. Suit shall not be deemed
brought unless jurisdiction shall have been obtained
over the Carrier and/or the vessel by service of process
or by an agreement to appear. The Shipper, consignee,
holder hereof or owner of the goods and their assignees,
subrogees or representatives shall file any and all
claims directly with the Carrier or other party
responsible for any loss, damage, injury, expense, it
being specifically agreed that this carrier shall not be
responsible for any loss, damage, injury, expense not
occurring on its own ocean route, nor while the goods
are not in its actual custody and control. Upon written
request, the Carrier will furnish Shipper, Consignee,
holders hereof and/or owner of the goods with original
bill of lading, receipts, consignment notes or other
documents being held for their benefit which may be
required to file claim against any other carriers or
parties.
18. Any bookings, freight engagements, dock receipts, boat
notes, interchanges or other agreements relating to
the shipment previously made are superseded by this bill
of lading and by the Carrier's Freight Tariff Rules and
Regulations, which shall be deemed incorporated herein
as if set forth at length. The Carrier's Freight Tariff
Rules and Regulations are filed with the Maritime
Commission, Washington, D.C. and are also available at
any of the Carrier's offices.
19. Nothing in this bill of lading shall operate to deprive
the Carrier of any statutory protection or exemption
from, or limitation of liability, contained in the laws
of the United States, or in the laws of any other
country which may be applicable. This bill of lading
shall be construed according to the laws of the United
States and the shipper, consignee and holder hereof
agree that any suits against the Carrier shall be
brought in the Federal Courts of the United States in
the City of New York. The terms of this bill of lading
shall be separable, and if any part or term hereof shall
be held invalid, such holding shall not effect the
validity or enforceability of any other part or term
hereof.
20. If this is a through bill of lading covering a U.S.A.
landbridge movement, all claims shall be filed with
this Carrier, which will be 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 in general average to the payment of
any sacrifices, losses 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 salvaging ship is owned or operated by the
Carrier, salvage shall be paid for as fully and in the
same manner as if such a ship is owned or operated by
the Carrier, salvage shall be paid for as fully and in
the same manner as if such a salvaging ship belonged to
strangers. Contribution to general average by all
interests shall be paid to the owners even when such
average is the result of fault, neglect or error of the
Master, pilot or crew. The Shippers and Consignees
expressly renounce any and all codes, statutes, laws or
regulations which might otherwise apply.
