RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 01JUL2017
| Effective | 01JUL2017 |
|---|---|
| Filed | 01JUL2017 |
| Filing Codes | IC |
All cargo transported under the rates, charges, terms and
conditions named in this Tariff and in Tariffs subject to
this Tariff shall be held, carried and delivered SUBJECT 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:
TERMS AND CONDITIONS: This Bill of Lading shall have effect subject
to the provisions of the "Carriage of Goods by Sea Act 1936"
("COGSA") of the United States of America in respect of carriage of
goods from ports in the United States. Otherwise this Bill of Lading
shall have effect subject to the provisions of the Hague Rules
contained in the International Convention for Unification of certain
Rules relating to Bills of Lading, dated Brussels, August 25, 1924,
as enacted in the country of shipment, or if no such enactment is
compulsorily applicable, the provisions of said convention shall
apply. If any provision of this Bill of Lading be invalid under COGSA
or any other law that is compulsorily applicable, such provision
shall, to the extent of such invalidity, but no further, be null and
void.
COMBINED TRANSPORT BILL OF LADING Received in apparent good order and
condition, unless otherwise stated herein, for shipment on board the
ocean vessel mentioned herein or on board the feeder vessel or other
means of transportation (rail or truck) if named herein the goods or
packages or containers said to contain goods, hereinafter called "the
Goods", specified herein for carriage from the port of loading named
herein or place of receipt if mentioned herein, on a voyage as
described and agreed by this bill of lading and discharge at the port
of discharge named herein or delivery at the place of delivery if
mentioned herein, such carriage, discharge or delivery being always
subject to the exceptions, limitations, conditions and liberties
hereinafter agreed, in like order and condition at the port of
discharge or place of delivery if named as the case may be, for
delivery unto the Consignee mentioned herein or to his or their
assigns where the Carrier's responsibilities shall in all cases and
all circumstances whatsoever finally cease. Full freight hereunder
shall be due and payable by the shipper in cash without deduction on
receipt of the goods or part thereof by the carrier for shipment and
shall be deemed to have been fully earned upon such receipt of goods.
All charges due hereunder together with freight shall be due from and
payable by the shipper, Consignee, Owner of the Goods or Holder of
this Bill of Lading (who shall be jointly and severally liable to the
carrier therefore) on demand at such port or place as the Carrier may
require, vessel or other means of transportation or cargo lost or not
lost from any cause whatsoever. The freight stated herein to be paid
or payable has been calculated and based on the particulars of the
Goods furnished by the Shipper to the Carrier. The Carrier shall be
entitled at any time to open and re-classify or re-weigh or
re-measure or re-value any goods, and freight shall be paid on the
proper classification or the excess weight or measurement or value
(if any) as the case may be so ascertained. The expenses of and
incidental to re-classifying or re-weighing or re-measuring or
re-valuing shall be borne by the Carrier if the classification or
weight or measurement or value as furnished by the Shipper if found
to be correct but otherwise such expenses shall be considered as
freight and shall be borne and paid by the Shipper, Consignee, Owner
of the Goods and/or Holder of the Bill of Lading. The Shipper shall,
if required by the Carrier so to do, furnish forthwith on demand to
the Carrier the invoice or true copy thereof relating to the Goods.
Agents signing this Bill of Lading on behalf of the Company or Line
by whom the Bill of Lading is issued have only the limited authority
at common law of a vessel's master signing a Bill of Lading.
Notwithstanding the heading "Combined Transport Bill of Lading", the
provisions set out and referred to in this document shall also apply
if the transport as described on the face of the Bill of Lading is
performed by one mode of transport only. The following Rules and
Regulations will also be applicable as terms and conditions covering
this Bill of Lading:
1. DEFINITIONS:
A). "Carrier" means the Owners or demise Charterer
of the ocean vessel on whose behalf this Bill of Lading has been
issued.
B) "Goods" means the cargo accepted from the Shipper and
includes any Container not supplied by or on behalf of the Carrier.
C) "Container" includes and container, trailer, transportable tank,
flat or pallet "Merchant" includes the Consignor, Shipper, Holder,
Consignee, the receiver of the Goods, ay person including any
Corporation, Company or other legal entity owning or entitled to the
possession of the Goods or this Bill of Lading and anyone acting on
behalf of such persons.
D) "Holder" means any person for the time
being in possession of this Bill of Lading to whom the property in
the Goods has passed on or by reason of the consignment of the Goods
or the endorsement of this Bill of Lading or otherwise.
E) "The Internal Law of a State" shall be deemed to exclude all
principles of private international law applied by such State.
2. CARRIER'S TARIFFS: The Goods carried hereunder are subject to all
terms and conditions of the Carrier's applicable tariff(s), which are
hereby incorporated herein. Copies of the relevant provisions of the
applicable tariff(s) are obtainable from the Carrier upon request. In
the event of any conflict between the terms and conditions of such
tariff(s) and the Terms and Conditions of this Bill of Lading, this
Bill of Lading shall prevail.
3. SUB-CONTRACTING:
(1) The Carrier shall be entitled to sub-contract on any terms the
whole or any part of the carriage, loading, unloading, storing,
warehousing, handling and any and all duties whatsoever undertaken
by the Carrier in relation to the Goods.
(2) The Merchant undertakes that no claim or allegation shall be
made against any servant, agent, stevedore or sub-contractor of the
Carrier which imposes or attempts to impose upon any of them or any
vessel owned or chartered by any of them any liability whatsoever in
connection with the Goods, and, if any such claim or allegation
should nevertheless be made to indemnify the Carrier against all
consequences thereof. Without prejudice to the foregoing every such
servant, agent, stevedore and sub-contractor shall have the benefit
of all provisions herein benefiting the Carrier as if such provisions
were expressly for their benefit, and all limitations of and
exonerations from liability provided to the Carrier by law and by the
terms hereof shall be available to them, and, in entering into this
contract the Carrier, to the extent of those provisions, does so not
only on its own behalf, but also as agent and trustee for such
servants, agents, stevedores and sub-contractors.
(3) The expression "sub-contractor" in this clause shall include
direct and indirect sub-contractors and their respective servants
and agents.
4. CARRIER'S RESPONSIBILITY: The Carrier undertakes responsibility
from the place of receipt if named herein or from the port of loading
to the port of discharge or the place of delivery if named hereto as
follows: Where loss or damage has occurred between the time of
receipt of the Goods by the Carrier at the port of loading and the
time of delivery by the Carrier at the port of discharge, or during
any prior or subsequent period of carriage by water, or where it
cannot be established where the loss or damage occurred, the
liability of the Carrier shall be determined in accordance with the
provisions of the International Convention for the Unification of
Certain Rules relating to Bills of Lading dated Brussels the 25th
August, 1924 such as the Carriage of Goods by Sea Act 1924 of the
United Kingdom, or where compulsorily applicable the Carriage of
Goods by Sea Act of the United States 1936 or of like statutes of
other countries. If anything herein contained be inconsistent with
the said Acts or Laws it shall to the extent and on the occasion of
such inconsistency and no further, be null and void. If it can be
proved that the loss or damage occurred while the Goods were in the
custody of an inland carrier the liability of the Carrier and the
limitation thereof shall be determined in accordance with the inland
carrier's contracts of carriage and tariffs, or in the absence of
such contracts or tariffs, in accordance with the internal law of the
State where the loss or damage occurred. In no event shall the
liability of the carrier exceed the amount of compensation payable
under Clause 5. The Carrier shall be entitled to the full benefit
of and right to all limitations of or exemptions from liability
authorized by any provision of Section 4281 to 4289 of the Revised
Statutes of the United States of America and amendments thereto and
of any other provisions of the laws of the United States or of any
other country whose laws shall apply. Nothing in this Bill of
Lading, expressed or implied, shall be deemed to waive or operate to
deprive the Carrier of or lessen the benefits of any such rights,
immunities, limitations or exemptions.
5. THE 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 invoice value of the Goods plus freight and
insurance if paid.
(2) In no event shall the Carrier be or became liable for any loss
of or damage to or in connection with the Goods in an amount
exceeding the limit per package or unit (meaning the unit in which
the cargo is shipped; container stuffed by the Merchant to be
considered as a unit) provided for by the United States Carriage of
Goods by Sea Act, Section 4 (5) or by any similar act in force
according to the provisions of clause 4 unless the nature and value
of such goods have been declared by the Shipper before shipment,
agreed by the Carrier, inserted in the Bill of Lading and moreover
freight paid on "ad valorem" basis. Whenever the value of the Goods
is less than such an amount this value in the calculation and the
adjustment of claims for which the Carrier may be liable shall be the
purpose of avoiding uncertainties and difficulties in fixing values
be deemed to be the invoice value plus freight and insurance, if
paid, irrespective of whether any other value is greater or less.
(3) Higher compensation may be claimed only when, with the consent of
the Carrier, the value of the Goods declared by the Shipper which
exceeds the limits laid down in this clause has been stated in this
Bill of Lading. In that case the amount of the declared value shall
be substituted for that limit. Any partial loss or damage shall be
adjusted pro rata on the basis of such declared value.
6. GENERAL:
(1) The Carrier does not undertake that the Goods shall arrive at the
port of discharge or the place of delivery at any particular time or
to meet any particular market or use and save as is provided in
clause 4 the Carrier shall in no circumstances be liable for any
direct, indirect or consequential loss or damage caused by delay.
If the Carrier should nevertheless be held legally liable for any
such direct or indirect or consequential loss or damage caused by
delay, such liability shall in no event exceed the freight paid for
the transport covered by this Bill of Lading.
(2) Save as is otherwise provided herein, the Carrier shall in no
circumstances be liable for direct or indirect or consequential loss
or damage arising from any other cause.
(3) The terms of this Bill of Lading shall govern the responsibility
of the Carrier in connection with or arising out of the supplying of
a Container to the Merchant whether before or after the Goods are
received by the Carrier for transportation or delivered to the
Merchant.
7. NOTICE OF LOSS, TIME BAR: Unless notice of loss or damage and the
general nature of such loss or damage be given in writing to the
Carrier or his agents at the port of discharge or the place of
delivery as the case may be before or at the time of removal of the
goods in to the custody of the merchant such removal shall be prima
facie evidence of the delivery by the Carrier of the Goods as
described in this Bill of Lading. If the loss or damage is not
apparent, then notice must be given within three days of the
delivery. In any event, the Carrier shall be discharged from any
liability unless suit is brought within one year after delivery or
the goods or the date when the Goods should have been delivered.
8. DEFENCES AND LIMITS FOR THE CARRIER: The defences and limits of
liability provided for in this Bill of Lading shall apply in any
action against the Carrier for loss of or damage to the Goods whether
the action be founded in contract or in tort.
9. SHIPPER-PACKED CONTAINERS: If a container has not been filled,
packed, stuffed or loaded by the Carrier, the Carrier shall not be
liable for loss of or damage to the contents and the Merchant shall
indemnify the Carrier against any injury, loss, damage, liability or
expense incurred by the Carrier if such injury, loss, damage,
liability or expense has been caused by:
(a) the manner in which the Container has been filled, packed,
stuffed or loaded; or
(b) the unsuitability of the contents for carriage in Containers; or
(c) the unsuitability or defective condition of the Container which
would have been apparent upon reasonable inspection by the Merchant
at or prior to the time the Container was filled, packed, stuffed or
loaded.
(2) If a Container which has not been filled, packed, stuffed or
loaded by the Carrier is delivered by the Carrier with seals intact,
such delivery shall be deemed as full and complete performance of the
Carrier's obligation hereunder and the Carrier shall not be liable
for any loss of or damage to the contents of the Container.
(3) The Shipper shall inspect Containers before stuffing them and the
use of the Containers shall be prima facie evidence of their being
sound and suitable for use.
10. INSPECTION OF GOODS: The Carrier shall be entitled, but under no
obligation, to open any Package or Container at any time and to
inspect the contents. If it thereupon appears that the contents
or any part thereof cannot safely or properly be carried or carried
further, either at all or without incurring any additional expense or
taking any measures in relation to such Package or Container or its
contents or any part thereof, the Carrier may abandon the
transportation thereof and/or take any measures and/or incur any
reasonable additional expense to carry or to continue the carriage or
to store the same ashore or afloat under cover or in the open, at any
place, which storage shall be deemed to constitute due delivery under
this Bill of Lading. The Merchant shall indemnify the Carrier
against any reasonable additional expense so incurred.
11. DESCRIPTION OR GOODS: No representation is made by the Carrier
as to the weight, contents, measure, quantity, quality, description,
condition, marks, numbers or value of the Goods and the Carrier shall
be under no responsibility whatsoever in respect of such description
or particulars.
12. SHIPPER'S RESPONSIBILITY:
(1) The shipper warrants to the Carrier that the particulars relating
to the Goods as set out overleaf have been checked by the Shipper on
receipt of this Bill of Lading and that such particulars and any
other particulars furnished by or on behalf of the Shipper are
correct.
(2) The Shipper shall indemnify the Carrier against all loss, damage
or expenses arising or resulting from inaccuracies or inadequacy of
such particulars.
13. FREIGHT AND CHARGES:
(1) 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 applicable Tariff.
(2) The freight has been calculated on the basis of particulars
furnished by or on behalf of the Shipper. The Carrier may at any
time open any Container or other Package or Unit in order to
re-weigh, re-measure, re-classify or re-value the contents, and if
the particulars furnished by or on behalf of the Shipper are
incorrect, it is agreed that a sum equal to the difference between
the correct freight and the freight charged shall be payable by the
Merchant to the Carrier.
14. LIEN:
(1) The Carrier shall have a lien on the Goods and any documents
relating thereto for all sums payable to the Carrier under this
contract and for general average contributions to whomsoever due
and for the cost of recovering the same, and for that purpose shall
have the right to sell the Goods by Public Auction or private treaty
without notice to the Merchant. If on sale of the Goods the
proceeds fail to cover the amount due and the cost incurred, the
Carrier shall be entitled to recover the deficit from the Merchant.
(2) If the Goods are unclaimed during a reasonable time, or
whenever in the Carrier's opinion the Goods will become deteriorated,
decayed or worthless, the Carrier may, at his discretion and subject
to his lien and without any responsibility attaching to him, sell,
abandon or otherwise dispose of the Goods at the sole risk and
expense of the Merchant.
15. OPTIONAL STOWAGE, DECK CARGO AND LIVESTOCK:
(1) The Goods may be stowed by the Carrier in Containers or similar
articles of transport used to consolidate goods.
(2) Goods stowed in Containers, whether by the Carrier or by the
Merchant, may be carried on deck or under deck without notice to the
Merchant unless on the face hereof it is specifically stipulated that
the Containers will be carried under deck, and if carried on deck,
the Carrier shall not be required to note, mark or stamp on the Bill
of Lading any statement of such on deck carriage. Such goods (other
than livestock) whether carried on deck or under deck and whether or
not stated to be carried on deck shall participate in general average
and shall be deemed to be within the definition of Goods for the
purpose of the Hague Rules or similar provisions of any other Act
which may be applicable.
(3) Goods (not being goods stowed in Container other than flats or
pallets) which are stated herein to be carried on deck and livestock,
whether or not carried on deck, are carried without responsibility on
the part of the Carrier for loss or damage of whatsoever nature
arising during carriage by sea whether caused by unseaworthiness or
negligence or any other cause whatsoever.
16. METHODS AND ROUTES OF TRANSPORTATION:
(1) The Carrier may at any time and without notice to the Merchant:
(a) use any means of transport or storage whatsoever;
(b) transfer the Goods from one conveyance to another including
trans-shipping or carrying the same on another vessel than the
vessel named overleaf or on any other means of transport
whatsoever and even though transshipment or forwarding of the Goods
may not have been contemplated or provided for herein;
(c) sail without pilots, proceed via any route, proceed to, return to
and stay at any port or place whatsoever (including the port of
loading herein provided) in any order in or out of the route or in
a contrary direction to or beyond the port of discharge once or
oftener for bunkering or loading or discharging cargo or embarking
or disembarking any person(s) whether in connection with the
present a prior or subsequent voyage or any other purpose
whatsoever, and before giving delivery of the Goods at the port of
discharge or the place of delivery herein provided and with
liberties as aforesaid leave and then return to and discharge the
Goods at such port, tow or be towed, make trial trips, adjust
compasses, or repair or dry-dock, with or without cargo onboard;
(d) load and unload the Goods at any port or place (whether or not
any such port is named overleaf as the Port of Loading or Port of
Discharge) and store the Goods at any such port or place;
(e) comply with any orders or recommendations given by any government
or authority or any person or body or purporting to act as or on
behalf of such government or authority or having under the terms of
the insurance on the conveyance employed by the Carrier the right
to give orders or directions.
(2) Anything done or not done in accordance with sub-clause (1) or any
delay arising there from shall be deemed to be within the contractual
carriage and shall not be a deviation.
17. MATTERS AFFECTING PERFORMANCE:
(1) If at any time the performance of the contract evidenced by this
Bill of Lading is or is likely to be affected by any hindrance, risk,
delay, difficulty or disadvantage of whatsoever kind which cannot be
avoided by the exercise of reasonable endeavors, the Carrier (whether
or not the transport has commenced) may without notice to the
Merchant treat the performance of this contract as terminated and
place the Goods or any part of them at the Merchant's disposal at any
port or place whatsoever which the Carrier or Master may consider
safe and advisable in the circumstances, whereupon the responsibility
of the Carrier in respect of such goods shall cease. The Carrier
shall nevertheless be entitled to full freight and charges on Goods
received for transportation, and the Merchant shall pay any
additional costs of carriage to and delivery and storage at such port
or place.
(2) The circumstances referred to in sub-clause (1) above shall
include, but shall not be limited to, those caused by the existence or
apprehension of war declared or undeclared, hostilities, warlike or
belligerent acts or operations, riots, civil commotions or other
disturbances, closure of, obstacles in or danger to any canal;
blockade of port or place or interdict or prohibition of or
restriction on commerce or trading; quarantine, sanitary or other
similar regulations or restrictions; strikes, lockouts or other
labour troubles whether partial or general and whether or not
involving employees of the Carrier or his sub- contractors;
congestion of port, wharf, sea terminal or any other place; shortage,
absence or obstacles of labour or facilities for loading, discharge,
delivery or other handling of the Goods; epidemics or diseases; bad
weather, shallow water, ice, landslide or other obstacle in
navigation or haulage.
18. REFRIGERATED CARGO:
(1) The Merchant undertakes not to tender for transportation any Goods
which require refrigeration without previously giving written notice
of their nature and particular temperature range to be maintained and
in case of a refrigerated Container packed by or on behalf of the
Merchant further undertakes that the Goods have been properly stowed
in the Container and that its thermostatic controls have been
adequately set by him before receipt of the Goods by the Carrier.
If the above requirements are not complied with, the Carrier shall
not be liable for any loss of or damage to the Goods howsoever arising.
(2) The Carrier shall not be liable for any loss of or damage to the
Goods arising from latent defects, derangement, breakdown, stoppage
of the refrigerating machinery, plant, insulation and/or any
apparatus of the Container, vessel, conveyance and any other
facilities whatsoever provided that the Carrier shall before or at
the beginning of the transport exercise due diligence to maintain
the refrigerated Container in an efficient state.
19. DANGEROUS GOODS:
(1) The Merchant undertakes not to tender for transportation any Goods
which are of a dangerous, inflammable, radioactive or damaging nature
without previously giving written notice of their nature to the
Carrier and marking the Goods and the Container or other covering on
the outside as required by any laws or regulations which may be
applicable during the carriage. The Carrier or the Master may
however, in their absolute discretion reject any such cargo.
(2) If the requirements of sub-clause (1) are not complied with the
Goods may at any time or place be unloaded, destroyed, or rendered
harmless without compensation and the Merchant shall indemnify the
Carrier against all loss, damage or expense arising out of the Goods
being tendered for transportation or handled or carried by the
Carrier. Further the Carrier shall be under no liability to make any
general average contribution in respect of such Goods.
(3) If the Goods of a dangerous, inflammable, radioactive or
damaging nature, which were tendered in compliance with sub-clause
(1) shall become a danger to the vessel, cargo or any other property
or person, such goods may in like manner be unloaded, destroyed or
rendered harmless without compensation and the Merchant shall
indemnify the Carrier against all loss, damage or expense which the
Carrier could not avoid by the exercise of reasonable diligence but
incurred as a result of the carriage of such Goods.
20. LIMITATION OF LIABILITY: Except as otherwise provided in this
Clause or elsewhere in this Bill of Lading, in case of any loss or
damage to or in connection with cargo exceeding in actual value the
equivalent of $500 lawful money of the United States, per package, or
in case of cargo not shipped in packages, per shipping unit, the
value of the cargo 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 rata in case of partial loss or damage, unless the nature of the
cargo and valuation higher than $500 per package or per shipping unit
shall have been declared by the Merchant before shipment and inserted
in this Bill of Lading, and extra freight paid if required. In such
case, if the actual value of the cargo 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. 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
cargo shipped in bulk, and irrespective of the weight or measurement
unit employed in calculating freight and related charges. As to cargo
shipped in bulk, the limitation applicable thereto shall be the
limitation provided in Section 1304(5) of COGSA, or such other
legislation, convention or law as may be applicable, and in no event
shall anything herein be construed as a waiver of limitation as to
cargo shipped in bulk. Where a Container is not stuffed by or on
behalf of the Carrier or the parties characterize the Container as a
package or a lump sum freight is assessed, in any of these events,
each Container and its contents shall be deemed a single package and
Carrier's liability limited to $500 with respect to each such
package, except as otherwise provided in this Clause or elsewhere in
this Bill of Lading. In the event this provision should be held
invalid during that period in which compulsory legislation shall
apply of its own force and effect, such as during the
tackle-to-tackle period, it shall nevertheless apply during all
non-compulsory periods such as, but not limited to, all periods prior
to loading and subsequent to discharge from the Vessel for which the
Carrier remains responsible. Where compulsorily applicable
legislation provides a limitation less than $500 per package or
shipping unit, such lesser limitation shall apply and nothing herein
contained shall be construed as a waiver of a limitation less than
$500.
Further, where a lesser monetary limitation is applicable, such as
during handling by a Participating carrier or independent contractor
and damage occurs during its or their period of care, custody,
control and/or responsibility, the Carrier shall be entitled to avail
itself of such lesser limitation.
21. REGULATIONS RELATING TO GOODS: The Merchant shall comply with
all regulations or requirements of Custom port and other authorities,
and shall bear and pay all duties, taxes, fines, imports, expenses or
losses incurred or suffered by reason thereof or by reason of any
illegal, incorrect or insufficient marking, numbering or addressing
of the Goods, and indemnify the Carrier in respect thereof.
22. NOTIFICATION AND DELIVERY:
(1) Any mention in this Bill of Lading of parties to be notified of
the arrival of the Goods is solely for information of the Carrier,
and failure to give such notification shall not involve the Carrier
in any liability nor relieve the Merchant of any obligation hereunder.
(2) The Merchant shall take delivery of the Goods within the time
provided for in the Carrier's applicable Tariff.
(3) If the Merchant fails to take delivery of the Goods or part of
them in accordance with this Bill of Lading, the Carrier may without
notice unstow the Goods or that part thereof and/or store the Goods
or that part thereof ashore, afloat, in the open or under cover.
Such storage shall constitute due delivery hereunder, and thereupon
all liability whatsoever of the Carrier in respect of the Goods or
that part thereof shall cease.
(4) The Merchant's attention is drawn to the stipulations concerning
free storage time and demurrage contained in the Carrier's applicable
Tariff, which is incorporated in this Bill of Lading.
(5) The Carrier may in his absolute discretion receive the Goods as Full
Container Load and deliver them as Less than Full Container Load
and/or as split delivery of the Goods to more than one receiver.
In such event the Carrier shall not be liable for any shortage, loss,
damage or discrepancies of the Goods, which are found upon unpacking
of the Container.
(6) The Carrier may in his absolute discretion receive the Goods as
Less than Full Container Load and deliver them as Full Container Load.
In such event the Carrier shall not be liable for any shortage, loss,
damage or discrepancies of the goods, which were not apparent at the
time of such delivery, provided that he shall have exercised ordinary
care in packing the Containers.
23. BOTH-TO-BLAME COLLISION CLAUSE: If the carrying ship comes into
collision with another ship as a result of negligence of the other
ship and any act, neglect or default in the navigation or the
management of the carrying ship, the Merchant undertakes to pay the
Carrier, or, where the Carrier is not the owner and in possession of
the carrying ship, to pay to the Carrier as trustee for the owner
and/or demise charterer of the carrying ship, a sum sufficient to
indemnify the Carrier and/or the owner and/or demise charterer of the
carrying ship against all loss or liability to the other or
non-carrying ship or her owners insofar as much loss or liability
represents loss of or damage to, or any claim whatsoever of the
Merchant, paid or payable by the other or non-carrying ship or her
owners to the Merchant and set off, recouped or recovered by the
other or non-carrying ship or her owners as part of their claim
against the carrying ship or her owner or demise charter or the
Carrier. The foregoing provisions shall also apply where the owners,
operators, or those in charge or any ship or ships or objects, other
than, or in addition to, the colliding ships or objects, are at fault
in respect to a collision, contact, stranding or other accident.
24. NEW JASON CLAUSE:
(1) In the event of accident, danger, damage or disaster before or
after the commencement of the voyage, resulting from any cause
whatsoever, whether due to negligence or not, for which or for the
consequence of which the Carrier is not responsible, by statute,
contract or otherwise, the Goods and the Merchant shall jointly and
severally contribute with the Carrier in general average to the
payment of any sacrifices, 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.
(2) If a salving ship is owned or operated by the Carrier, Salvage
shall be paid for as fully as if the said salving ship belonged to
strangers.
25. GENERAL AVERAGE:
(1) General average shall be adjusted at any port or place in the
option of the Carrier in accordance with the York-Antwerp Rules 1974.
(2) Such 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 made by the Merchant in the
Carrier before delivery. If the Carrier delivers the Goods without
obtaining security for general average contributions, the Merchant by
taking delivery of the Goods, undertakes personal responsibility to
pay such contributions and to provide such cash deposit or other
security for the estimated amount of such contribution as the Carrier
shall reasonably require.
(3) The Carrier shall be under no obligation to exercise any lien for
general average contribution due so the Merchant.
26. VARIATION OF THE CONTRACT ETC.: No servant or agent of the
Carrier shall have power to waive or vary any terms of this Bill of
Lading unless such waiver or variation is in writing and in
specifically authorized or ratified in writing by the Carrier.
