RULE: 8 - BILL OF LADING Eff: 01MAY2002
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Effective |
01MAY2002 |
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Filed |
01MAY2002 |
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Filing Codes |
I |
1. (DEFINITIONS) In this Bill of Lading:
(a) "Carrier" means MITSUI-SOKO (U.S.A.) INC.
(b) "Vessel" means and includes the ocean vessel on
which the Goods are shipped named on the face
hereof, or any substitute vessel, her Master and
crew, and includes any other means of transport,
whether by air, land, rail or water, carrying the
Goods.
(c) "Merchant" means and includes the shipper, the
consignor, the consignee, the receiver, the holder
of this Bill of Lading, the owner of the Goods or
any person entitled to the possession of the Goods
and the agents or assigns of any of these.
(d) "Charges" means and includes freight, demurrage,
equipment detention, General Average and any other
expenses or money obligations incurred and payable
by the Merchant, or for the payment of which the
Carrier has a security interest or maritime lien on
the Goods under this contract or by operation of
law.
(e) "Goods" means and includes articles of any kind and
description received from the Merchant and describ-
ed on the face side hereof and any Container not
provided by the Carrier.
(f) "Container" means and includes any container, van,
trailer, transportable tank, flatrack or any other
similar article of transport.
(g) "Person" means and includes an individual, corpora-
tion, partnership or other entity as the case may
be.
(h) "Through Transportation" means continuous transpor-
tation between points of origin and destination,
either or both of which lie beyond port terminal
areas for which a through rate is assessed.
(i) "Participating Carrier" means and includes any other
water, land, rail or air carrier utilized by the
Carrier for any stage of carriage of the Goods.
(j) "Subcontractor" includes stevedores, longshoremen,
lightermen, terminal operators, warehousemen,
truckers, watchmen, carpenters, agents, servants,
any person, firm, corporation or other legal
entity which performs services incidental to the
carriage of the Goods.
2. (CLAUSE PARAMOUNT)
Insofar as this Bill of Lading covers carriage of the
Goods by water, 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, approved April
16, 1936 ("COGSA"), the terms of which shall be
incorporated herein. The provisions stated in COGSA
(except as otherwise specifically provided herein) shall
govern before loading on and after discharge from the
Vessel and throughout the entire time the Goods are in
the actual custody of the Carrier. If this Bill of
Lading is issued in or the Goods are delivered to a
locality where there is in force a compulsorily appli-
cable Carriage of Goods by Sea Act, ordinance or statute
similar to the International Convention for the Unifica-
tion of Certain Rules relating to Bills of Lading dated
at Brussels, August 25, 1924, as amended by the Protocol
signed at Brussels, February 23, 1968, ("Hague Rules
Legislation"), then the Hague Rules Legislation shall
apply and the terms thereof shall be incorporated herein,
and this Bill of Lading is subject to such Hague Rules
Legislation before the Goods are loaded on and after they
are discharged from the Vessel and throughout the entire
time the Goods are in the actual custody of the Carrier.
Nothing contained herein shall be deemed a surrender by
the Carrier of any of its rights or immunities or an
increase of any of its responsibility or liabilities
under COGSA or any Hague Rules Legislation. The Carrier
and its insurers shall be entitled to the full benefit
of, and right to , all limitations of, or exceptions
from, liability authorized by any provision of Sections
4281 to 4289, inclusive, of the Revised Statutes of the
United States and amendments thereto and of any other
provisions of the laws of the United States or any other
country whose laws shall apply, the same as if they were
the owner of the Vessel used to transport the Goods.
3. (APPLICABILITY)
By the issuance of this "Combined Transport Bill of
Lading", the Carrier undertakes to perform and/or in his
own name to procure the performance of the entire trans-
port from the place at which the Goods are taken in
charge to the place designated for delivery in this Bill
of Lading. Notwithstanding the heading "Combined Trans-
port Bill of Lading", the provisions set out and referred
to in this Bill of Lading shall also apply if the trans-
port as described on the face of this Bill of Lading is
performed by one mode of transport only.
4. (GOVERNING LAW, JURISDICTION AND SEVERABILITY)
This Bill of Lading shall be construed according to the
laws of the United States, except as provided for in laws
incorporated herein by Clause 2 hereof, and the Merchant
agrees that any suits against the Carrier shall be
brought in the United States District Court for the
Southern District 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 affect the
validity or enforceability of any other part or term
hereof.
5. (CARRIER'S RESPONSIBILITY)
Subject to all rights, privileges and limitations of and
exonerations from liability granted to the Carrier under
this Bill of Lading or by law, any liability by Partici-
pating Carriers for loss of or damage to the Goods
carried hereunder shall be governed by:
(a) If the loss or damage occurs while in the actual
custody of the Carrier, only the Carrier shall be
responsible therefor, and any liability of the
Carrier shall be determined by the terms and condi-
tions of this Bill of Lading, whether issued or not,
the Carrier's applicable tariff and COGSA (unless a
compulsory Hague Rules Legislation is applicable).
(b) With respect to any transport while in the custody of
a Participating Carrier, the terms, conditions and
provisions of the applicable Participating Carrier's
contract of carriage, bill of lading, whether issued
or not, and tariff are deemed to be incorporated
herein as set forth at length. At all times while in
custody of the Participating Carrier, such carrier
shall be entitled to all rights, defenses, exemptions
from or limitations of liability and immunities of
whatsoever nature referred to or incorporated herein,
applicable or granted to the Carrier as herein
defined, to the full extent permitted to such
Participating Carrier under this Bill of Lading,
tariffs and any laws applicable or relating thereto.
(c) The Carrier shall be entitled to all rights,
defenses, exemptions from or limitations of liability
and immunities whatsoever nature accorded under such
Participating Carrier's contract of carriage, bill of
lading, tariff and law compulsorily applicable in the
circumstances. The liability of the Carrier shall be
no greater than the lesser of either the liability of
the relevant Participating Carrier(s) under its
(their) contract of carriage, Bill of Lading or
tariff(s) which are deemed incorporated herein, or
COGSA. In addition, where the Participating Carrier
operates between points in Europe or countries other
than the United States, the Carrier shall be entitled
to exemptions and limitations provided, if the trans-
portation is (1) by road, in the Convention on the
Contract for International Carriage of Goods by Road,
dated May 19, 1956 ("CMR") (2) if by rail, in the
International Agreement on Railway Transports, dated
February 25, 1980 ("CIM") and (3) if by air, in the
Convention for the Unification of Certain Rules
relating to International Carriage by Air, signed at
Warsaw, October 12, 1929, as amended by the Hague
Protocol dated September 20, 1955 ("Warsaw Conven-
tion") whether or not such conventions are compulsor-
ily applicable, provided, however, that nothing con-
tained herein shall be deemed a surrender by the
Carrier of any of its rights and immunities or an
increase of any of its limitations under this Bill of
Lading, the Carrier's applicable tariff or any laws
applicable or relating to such carriage, including
but not limited to the $500.00 referred to in Clause
24 hereof.
(d) In making any arrangements for transportation by
Participating Carriers it is understood and agreed
that the Carrier acts solely as agent of the Merchant
without any other responsibility whatsoever, and it
assumes no responsibility as Carrier for such trans-
portation.
(e) If it cannot be determined in which carrier's custody
the Goods were when lost or damaged, the loss or
damage shall be deemed to have occurred while the
Goods were in the care and custody of the Carrier.
(f) The Carrier shall not be liable for any consequential
damages regarding the loss of or damage to the Goods.
6. (SUBCONTRACTING)
The Carrier shall be entitled to subcontract on any terms
the whole or any part of the carriage, loading, unload-
ing, storing, terminal operations, warehousing, handling
and any duties whatsoever undertaken by the Carrier in
relation to the Goods. For the purpose of this Contract
and subject to the provisions of this Bill of Lading, the
Carrier shall be responsible for the authorized conduct
of any person of whose services he makes use for the per-
formance of the Contract evidenced by this document.
7. (DEFENSES AND LIMITS FOR SERVANTS, AGENTS AND
SUB-CONTRACTORS)
If an action for loss, damage or delay to the Goods is
brought by the Merchant against any servant, agent,
Subcontractor or independent contractor of the Carrier,
such person shall be entitled to avail himself of the
defenses and limitation of liability which the Carrier is
entitled to invoke under this Bill of Lading. In
contracting for the foregoing exemptions, limitations and
exonerations from liability, the Carrier is acting on
behalf of all persons described herein, all of whom shall
be deemed a party to the Contract evidenced by this Bill
of Lading. It being always understood that said persons
are not entitled to any greater or further exemptions,
limitations and exonerations from liability than those
that the Carrier has under this Bill of Lading. The
aggregate of the amounts recoverable from the Carrier and
all other such persons shall in no case exceed the limits
of liability of the Carrier set forth in this document
should the Carrier be solely liable.
8. (CONTRACT OF CARRIAGE)
The Goods carried hereunder are subject to all the terms
and provisions of the Carrier's applicable tariff(s),
whether or not on file with the Federal Maritime
Commission, Interstate Commerce Commission or any other
regulatory body which governs a particular portion of the
carriage, and said terms and provisions are hereby
incorporated herein as part of the Terms and Conditions
of this Bill of Lading. Copies of the relevant provi-
sions of the applicable tariff or tariffs are obtainable
from the Carrier, Federal Maritime Commission, Interstate
Commerce Commission or other regulatory body upon
request. In the event of any conflict between the terms
and provisions of such tariff(s) and the Terms and Condi-
tions of this Bill of Lading, this Bill of Lading shall
prevail. All the terms of this Bill of Lading whether on
the front or back page hereof constitute the contract of
carriage between the Merchant and the Carrier. By
accepting this Bill of Lading, the Merchant agrees to be
bound by all the terms and provisions of the contract(s)
of carriage, bill(s) of lading and tariff(s) of any
Participating Carrier as if they were accepted in writing
by such Merchant, any local custom or practice to the
contrary notwithstanding. The rights, defenses,
exemption from or limitations of liability and immunities
of whatsoever nature provided for in this Bill of Lading
shall apply in any action or proceeding against the
Carrier whether brought in contract or in tort.
9. (METHOD AND ROUTE OF TRANSPORT)
The Carrier may at any time and without notice to the
Merchant:
(a) Use any means of transport, handling or storage
whatsoever, including selection of Through Trans-
portation, Participating Carrier, and subcontracting
of carriage, loading, unloading and any other duties
of the Carrier in relation to the Goods.
(b) Tranship or carry the Goods on another vessel or
conveyance or by means of transport than that named
on the face hereof.
(c) Proceed by any route in its sole and absolute discre-
tion and whether or not the nearest, most direct,
customary or advertised route or in or out of geo-
graphical route.
(d) Unpack Containers and/or store the Goods or
Containers at any place whatsoever, ashore or afloat,
in the open or covered. The liberties set out in the
preceding subclause may be invoked for any purpose
whatsoever, even if not connected with the carriage
of the Goods covered by this Bill of Lading and any
action taken or omitted to be taken and/or delay
arising therefrom or otherwise, shall be deemed to
be within the contractual carriage and shall not be
a deviation.
(e) Discharge and complete the vessel's cargo in respect
of goods belonging to other merchants or discharge or
otherwise handle the Merchant's Goods at intermediary
or other ports and such cargo handling shall be
deemed to be within the contractual carriage and
shall not be a deviation.
10.(MATTERS AFFECTING PERFORMANCE)
If any situation whatsoever before or during Through
Transportation is in the judgment of the Carrier, a
Participating Carrier or the Master of any Vessel is
likely to give rise to risk of capture, seizure, fine,
detention, damage, delay or disadvantage or loss to the
Carrier, the Container(s) or any part of the Goods, or is
otherwise likely to affect the performance to the dis-
advantage of the Carrier or Participating Carrier, the
Carrier or Participating Carrier or Master of any Vessel
may decline to receive, keep, load or carry the Goods or
may devan Container(s) contents or any part thereof and
may require the Merchant to take delivery of the Goods at
the place of receipt or any other port or place the
Carrier deems convenient and upon failure to do so, may
warehouse the Goods at the risk and expense of the Goods
or the Merchant. The Carrier may, without prior notice,
discharge at the risk and expense of the Merchant the
Goods and/or devan the contents of any Container(s) at
another port, depot, lighter, craft or other place, or
may forward or tranship them as provided in this Bill of
Lading, or the Carrier may retain the Goods vanned or
devanned 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 thinks advisable and discharge
the Goods at any place whatsoever as herein provided.
Such discharge shall constitute complete delivery and
performance under this Contract and the Carrier shall be
free from any further responsibility. For any service
rendered to the Goods as herein above 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 a lien on the Goods for
such carriage. Should any Goods not be transported on
the Vessel named on the face of this Bill of Lading for
any cause, those Goods may be transported on a subsequent
vessel, at the Carrier's option or by other mode of
transportation and the terms and conditions of this Bill
of Lading shall apply. In any event, the Carrier shall
be entitled to full freight for the Goods received for
transportation.
11.(GOVERNMENTAL ORDERS)
The Carrier shall have liberty to comply with orders,
directions, regulations, recommendations or suggestions
as to departure, arrival, route, ports of call, stoppage,
loading, discharge, handling, destination, delivery,
quarantine or otherwise, howsoever given by any govern-
ment, public authorities or department thereof or any
person acting or purporting to act with authority of such
government, public authorities or department thereof or
by any committee or person having, under the terms of any
insurance on the Vessel, the right to give such order,
directions, regulations, recommendations or suggestions.
If by reason of and/or in compliance with any such
orders, directions, regulations, recommendations or
suggestions anything is done or is not done, the same
shall be deemed to be included within the contractual
carriage and shall not be deemed to be a deviation.
12.(OPTIONAL STOWAGE)
(a) The Carrier has the right to carry the Goods in
Containers under deck or on deck. When the Goods in
Containers are carried on deck, the Carrier shall not
be required to specially note, mark or stamp any
statement of "on deck stowage" on the face hereof,
any custom to the contrary notwithstanding. The
Goods so carried shall be subject to COGSA or to the
applicable Hague Rules Legislation, if compulsorily,
as provided for in Clause 2 hereof, and the stowage
of such Goods shall constitute under deck stowage for
all purposes including general average.
(b) The Carrier shall not be liable in any capacity
whatsoever for any non-delivery, misdelivery, or
delay of or damage to the Goods not in Containers
which are carried on deck and specially stated on the
face hereof to be so carried, whether or not caused
by the Carrier's negligence or the Vessel's unsea-
worthiness.
13.(CARRIER'S OPTION TO INSPECT)
The Carrier or any person authorized by the Carrier shall
be entitled, but under no obligation, to open any
Container at any time and to inspect the contents, unless
applicable law prohibits same, 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 the Container or its contents or
any part thereof, the Carrier may abandon the trans-
portation thereof and/or take any measure 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.
14.(SPECIAL CONTAINERS)
(a) The Carrier shall not undertake to carry the Goods in
refrigerated, heated, insulated, ventilated or any
other special container(s), nor to carry special
container(s) packed by or on behalf of the Merchant
as such; but the Carrier will treat such Goods or
Container(s) only as ordinary goods or dry contain-
er(s) respectively, unless special arrangements for
the carriage of such Goods or container(s) have been
agreed to in writing between the Carrier and the
Merchant and unless such special arrangements are
noted on the face of this Bill of Lading and unless
special freight as required has been paid. The
Carrier shall not accept responsibility for the
function of special container(s) supplied by or on
behalf of the Merchant.
(b) As regards the Goods which have been agreed to be
carried in special container(s), the Carrier shall
not be liable for any kind of loss of or damage to
the Goods arising from latent defects, breakdown or
derangements of the machinery, plant, insulation, or
of any apparatus of the special container(s), vessel,
conveyance(s) or other facilities, if the Carrier
shall before or at the beginning of the transport,
have exercised due diligence to maintain such
equipment in an efficient state.
(c) If the Goods have been packed into special contain-
er(s) by the Carrier or Participating Carrier, and
the particular temperature range requested by the
Merchant is inserted in this Bill of Lading, the
Carrier will set the thermostatic controls within
the requested temperature range but does not
guarantee the maintenance of such temperature inside
the Container(s).
(d) If the Goods received by the Carrier or Participating
Carrier is in special container(s) packed by or on
behalf of the Merchant, it is the obligation of the
Merchant to stow the contents properly and set the
thermostatic controls exactly. The Carrier shall not
be liable for any loss of or damage to the Goods
arising out of or resulting from the Merchant's
failure in such obligation, and the Carrier does not
guarantee the maintenance of the intended temperature
inside the Container(s).
15.(WARRANTY)
The Merchant warrants that in agreeing to the terms and
conditions of this Bill of Lading, it is, or has the
authority of, the person owning and entitled to the
possession of the Goods and this Bill of Lading.
16.(CARRIER'S CONTAINERS)
When any Container furnished by the Carrier is loaded or
discharged by the Merchant or its agents, the Merchant
shall be and remain liable for any loss of or damage to
the Containers so long as it is not within the Carrier's
custody and shall pay the Carrier for any delay in
returning the Container to the Carrier or for any loss or
damage or failure to return the Container to the Carrier
in the same sound condition and state of cleanliness as
when received by the Merchant. Such loss, damage,
expense or delay shall constitute a lien on the Goods.
The Merchant or its agents shall promptly unpack or
unload such Container and take delivery of its contents,
irrespective of whether the Goods are damaged or not.
The Carrier shall not be liable for loss of or damage to
the Goods by or during such unpacking or unloading.
17.(MERCHANT PACKED CONTAINERS)
When the Containers are not packed or loaded by the
Carrier, such Containers shall be deemed shipped as
"shipper's weight, load and count". The Carrier has no
reasonable means of checking the quantity, weight,
condition or existence of the contents thereof and does
not represent the quantity, weight, condition or
existence of such contents, as furnished by the Merchant
and inserted in this Bill of Lading to be accurate and
shall not be liable for nonreceipt or misdescription of
such contents. The Carrier shall have no responsibility
or liability whatsoever for the packing, loading,
securing and/or stowage of contents of such Containers,
or for loss or damage caused thereby or resulting there-
from, or for the physical suitability or structural
adequacy of such Containers to properly contain their
contents. The Merchant, whether principal or agent, by
packing or loading the Container and/or allowing the
Container to be so packed or loaded, represents,
guarantees and warrants (a) that the Goods are properly
described, marked and safely and securely packed in their
respective Containers, that such Containers are
physically suitable, sound and structurally adequate to
properly contain and support the Goods during handling
and during transport, and that the Containers may be
handled in the ordinary course without damage to
themselves or to their contents, or to the Vessel or to
other goods or property, or persons; (b) that all
particulars with regard to the Containers and their
contents and the weight of each said Container are in all
respects correct. The Merchant agrees fully to protect
and indemnify the Carrier and to hold it harmless in
respect of any injury or death of any person, or loss of
or damage to the Goods or Containers or any other
property or to the Vessel or conveyance or any expenses
or fines arising out of or in any way connected with
breach of any of the representations or warranties
contained in this Bill of Lading clause, howsoever
occurring, even without fault of the Merchant and even
though such injury, death, loss or damage is caused by
the fault or sole negligence of the Carrier or unsea-
worthiness. Such indemnity shall include all expenses
and legal fees incurred by the Carrier in enforcing this
clause of the Bill of Lading.
18.(DANGEROUS, HAZARDOUS OR NOXIOUS GOODS)
Goods of a flammable, explosive, corrosive, radioactive,
noxious, hazardous, unstable or dangerous nature or which
have any condition, ingredient or characteristic of the
Goods that might make them hazardous or that might cause
damage, injury or detriment to the Goods or the Vessel
which are shipped without prior notice in writing to and
consent of the Carrier and/or without written declaration
of its exact description and nature herein, may at any
time be landed at any place, thrown overboard, destroyed
or rendered innocuous without liability on the part of
the Carrier or other shippers or consignees or compensa-
tion to the Merchant, and even if such disclosure is
made, the Carrier may, without incurring any liability,
make the same disposition of such Goods if, in the
opinion of the Carrier, they shall be or become dangerous
or noxious to the Vessel or cargo, or to persons. The
Merchant shall indemnify the Carrier for any expense
(including attorney fees and costs), loss, damage,
personal injury or death, claims, civil fines and
penalties directly or indirectly arising out of or
resulting from such Goods.
19.(THE MERCHANT AND GOODS RESPONSIBILITY)
The Merchant and the Goods themselves shall be liable for
and shall indemnify the Carrier and the Carrier shall
have a lien on the Goods for all expenses of mending,
repairing, fumigating, repacking, recoopering, bailing,
reconditioning of the Goods and gathering of loose
contents of packages, also for expenses for repairing
containers damaged while in possession of the Merchant,
for demurrage on Containers and any payments, expenses,
fines, dues, duties, taxes, imposts, loss, damage or
detention sustained or incurred by or levied upon the
Carrier, Vessel, Participating Carrier or conveyance in
connection with the Goods howsoever caused, including any
action or requirements of any government or governmental
authority of person purporting to act under the authority
thereof, seizure under legal process or attempted
seizure, incorrect or insufficient marking, numbering or
addressing of Containers, packages or description of the
contents, failure of the Merchant to procure consular,
Board of Health or other certificates to accompany the
Goods or to comply with laws or regulations of any kind
imposed with respect to the Goods by the authorities at
any port or place or any act or omission of the Merchant.
The Carrier's lien shall survive delivery and may be
enforced by private or public sale and without notice.
20.(FREIGHT AND OTHER CHARGES)
(a) Freight may be calculated on the basis of the
particulars of the Goods furnished by the Merchant
who shall be deemed to have guaranteed to the Carrier
the accuracy of the contents, weight, measure and
value of the Goods. In case of incorrect declaration
of the contents, weight, measure or value of the
Goods, the Merchant shall be liable and bound to pay
to the Carrier:(1) the balance of freight between the
freight charged and that which would have been due
had the correct details been given, plus (2) expenses
incurred in determining the correct details, plus (3)
as liquidated and ascertained damages, an additional
sum equal to the correct freight.
(b) Full freight to the port of discharge or place of
delivery shall be considered as completely earned on
receipt of the Goods by the Carrier, whether the
freight be stated or intended to be prepaid or to be
collected at destination. The Carrier shall be
entitled to all freight and other charges due here-
under, whether actually paid or not and to receive
and retain such freight and charges under any circum-
stances, whether the Vessel and/or the Goods be lost
or not, or the voyage be broken up, frustrated, or
abandoned at any stage of the entire transit. Full
freight shall be paid on damaged or unsound Goods.
(c) The payment of freight and/or charges shall be made
in full and in cash without any offset, counterclaim
or deduction. Where freight is payable at the port
of discharge or place of delivery, such freight and
all other charges shall be paid in the currency named
in this Bill of Lading, or, at the Carrier's option,
in other currency.
(d) Goods once received by the Carrier cannot be taken
away or disposed of by the Merchant except upon the
Carrier's consent and after payment of full freight
and compensation for any loss sustained by the
Carrier through such taking away or disposal.
(e) If the Goods are not available when the Vessel is
ready to load:(1) the Carrier is relieved of any
obligation to load such Goods and the Vessel may
leave the port without further notice, (2) unless
the unavailability arises in the course of Through
Transportation and is caused by the failure of a
Participating Carrier to perform its obligations
under this Bill of Lading, dead freight shall be paid
by the Merchant.
(f) If for any reason whatsoever the consignee refuses or
fails to take delivery of the Goods upon their being
made available for delivery to the consignee at the
port of discharge or place of delivery, as provided
on the front of this Bill of Lading, the Carrier
shall regardless of any free time prescribed by
tariff or local regulations have the right without
notice to store the Goods at the risk and expense of
the Merchant. Such storage shall constitute final
delivery hereunder and thereupon all liability what-
soever of the Carrier in respect of the Goods shall
cease.
(g) The Merchant shall be liable for and shall indemnify
the Carrier against:(1) all dues, duties, taxes,
consular fees and other charges levied on the Goods,
and (2) all fines, damages and losses sustained by
the Carrier in connection with the Goods, howsoever
caused, including the Merchant's failure to comply
with laws and regulations of any public authority in
connection with the Goods, or failure to procure
consular, Board of Health, or other certificates to
accompany the Goods. The Merchant shall be liable
for return freight and Charges on any Goods refused
exportation or importation by any public authority.
(h) If the Carrier is of the opinion that the Goods are
in need of sorting, inspecting, mending, repairing,
or reconditioning, or otherwise require protecting or
caring for, the Carrier at its discretion may, by
itself or through Subcontractors, and as agent for
the Merchant, carry out such work at the risk and
expense of the Merchant.
(i) The shipper, consignor, consignee, owner of the Goods
and holder of this Bill of Lading shall be jointly
and severally liable to the Carrier for the payment
of all freight and charges and for the performance of
the obligations of any of them under this Bill of
Lading.
21.(LIEN)
The Carrier shall have a general lien on any and all
property (and documents relating thereto) of the
Merchant, in its possession, custody or control or en
route, for all claims for charges, expenses or advances
incurred by the Carrier in connection with any shipments
of the Merchant and if such claim remains unsatisfied for
thirty (30) days after demand for its payment is made,
the Carrier may sell at public auction or private sale,
upon ten (10) days written notice, registered mail
(R.R.R.) to the Merchant, the Goods, wares and/or
merchandise or so much necessary to satisfy such lien,
and apply the net proceeds of such sale to the payment of
the amount due the Carrier. Any surplus from such sale
shall be transmitted to the Merchant, and the Merchant
shall be liable for any deficiency in the sale. The
Merchant shall be liable to the Carrier for the payment
of all freight, charges and other amounts due to the
Carrier, and for any failure of the Merchant to perform
its obligations under the provisions of this Bill of
Lading, and the Merchant agrees that it shall indemnify
the Carrier against, and hold it harmless from all
liability, loss, damage and expense which the Carrier may
sustain or incur arising or resulting from any such
failure of performance by the Merchant of its obligations
under this Bill of Lading. Any person engaged by any
party to perform forwarding services with respect to the
Goods shall be considered the exclusive agent of the
Merchant for all purposes and any payment of freight to
such person shall not be considered payment to the
Carrier.
22.(FIRE)
The Carrier shall not be liable to answer for or make
good any loss of or damage to the Goods occurring at any
time (including before loading or after discharge from
the Vessel) by reason or by means of any fire whatsoever,
unless such fire shall be caused by the design or neglect
of the Carrier.
23.(RUST, ETC.)
It is agreed that superficial rust, oxidation or any
like condition due to moisture, is not a condition of
damage but is inherent to the nature of the Goods, and
acknowledgment of receipt of the Goods in apparent good
order and condition is not a representation that such
condition of rust, oxidation and the like did not exist
on receipt.
24.(PACKAGE AND CUSTOMARY FREIGHT UNIT LIMITATION)
Neither the Carrier, Vessel nor Participating Carrier
shall in any event be or become liable for any loss or
damage to or in connection with transportation of the
Goods in an amount exceeding $500.00 U.S. per package or
in case of Goods not shipped in packages, per customary
freight unit, or the equivalent of that sum in other
currency, unless the nature and value of such Goods have
been declared by the Shipper in writing upon delivery of
such Goods to the Carrier and inserted on the front of
this Bill of Lading in the space provided therefore, and
an extra freight has been paid. This declaration, if
embodied in this Bill of Lading, shall be prima facie
evidence, but shall not be conclusive on the Carrier.
If the actual value of the Goods per package or per
customary freight unit shall exceed such declared value,
the value of the Goods shall nevertheless be deemed to be
the declared value and any partial loss or damage shall
be adjusted pro rata on the basis of such declared value.
The limitation of liability and other provisions
contained in this clause shall inure to the agents,
servants and employees of the Carrier as well as to the
benefit of all Participating Carriers, Subcontractors and
Independent contractors performing service undertaken in
connection with the Goods covered herein.
25.(MARKS)
(a) The Carrier shall not be liable for failure of or
delay in delivery in accordance with marks unless
such marks shall have been clearly and durably
stamped or marked upon the Goods, packages and
containers by the Merchant before they are delivered
to the Carrier in letters and numbers not less than
two inches (or equivalent in centimeters) high,
together with the name of the port of discharge and
place of delivery.
(b) In no circumstances shall the Carrier be responsible
for delivery in accordance with other than leading
marks.
(c) The Merchant guarantees the accuracy of the
description of the Goods, marks, number, quantity and
weight and any statement as to the contents of
containers or packages furnished by him. The Merchant
warrants that the marks on the Goods, packages and
containers correspond to the marks shown on this Bill
of Lading and also in all respects comply with all
laws and regulations in force at the port of
discharge or place of delivery. The Merchant shall
indemnify the Carrier against all loss, damages,
fines, penalties or expense arising or resulting from
inaccuracy, incompleteness of the marks or lack of
compliance.
(d) Goods that cannot be identified as to marks or
numbers, cargo sweepings, liquid residue, and any
unclaimed goods not otherwise accounted for may be
allocated for the purpose of completing delivery to
the various Merchants of goods of like character in
proportion to any apparent shortage, loss or damage.
The Merchant guarantees the accuracy, at the time the
Goods were accepted by the Carrier, of the
description of the Goods, marks, number, quantity and
weight and any statement as to the contents of
containers or packages, as furnished by him. The
Merchant warrants to the Carrier that the marks on
the Goods and Container(s) correspond to the marks
shown on this Bill of Lading and also in all respects
comply with all laws and regulations in force at the
port of discharge or place of delivery, and shall
indemnify the Carrier against all loss, damage,
expenses, penalties and fines arising or resulting
from incorrectness or incompleteness thereof.
26.(HEAVY LIFT)
Single packages with a weight exceeding 2,240 pounds
gross (or equivalent in kilos) not presented to the
Carrier in enclosed containers must be declared in
writing by the Merchant before receipt of the Goods by
the Carrier. The weight of such packages must be
clearly and durably marked on the outside of the
packages in letters and figures not less than two inches
(or equivalent in centimeters) high. If the Merchant
fails to comply with these provisions, the Carrier shall
not be liable for any loss or damage to the Goods, and
the Merchant shall be liable for any loss of or damage to
persons or property resulting from such failure and the
Merchant shall indemnify the Carrier against any loss or
liability suffered or incurred by the Carrier as a result
of such failure.
27.(GENERAL AVERAGE AND NEW JASON CLAUSE)
General Average shall be adjusted, stated and settled at
the port or place where the Vessel and/or her owner shall
decide according to the York-Antwerp Rules, 1974, and as
to matters not provided for by these Rules, according to
the laws and usages of the port or place of adjustment,
and in the currency selected by the Carrier. Such cash
deposit as the Carrier or the owner of the Vessel may
deem sufficient to cover the estimated contribution of
the Goods and any salvage and special charges thereon
shall be made by the Merchant to the Carrier before
delivery of the Goods. In the event of accident, danger,
damage or disaster before or after commencement of the
voyage, resulting from any cause whatsoever, whether due
to negligence or not, for which or for the consequence of
which the 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, loss or
expenses of a general average nature that may be made or
incurred, and shall pay salvage and special charges
incurred in respect of the Goods.
28.(BOTH-TO-BLAME CLAUSE)
If the Vessel comes into collision with another ship as a
result of the negligence of the other ship, and any act,
neglect or default of the Master, mariner, pilot or the
servants of the owner of the Vessel in the navigation or
in the management of the Vessel, the Merchant shall
indemnify the Carrier against all loss or liability which
might be incurred directly or indirectly to the other or
non-carrying ship or her owners insofar as such loss or
liability represents loss of or damage to his Goods or
any claim whatsoever of the Merchant paid or payable by
the other or non-carrying ship or her owners as part of
their claim against the carrying Vessel or the owner
thereof. The foregoing provisions shall also apply where
the owners, operators or those in charge of any ship or
ships or objects other than, or in addition to, the
colliding ships or objects are at fault in respect of a
collision, contact, stranding or other accident.
29.(NOTICE OF CLAIM AND TIME FOR SUIT)
Where loss or damage occurs in the physical custody of
the Carrier, unless notice of loss or damage and a
general nature of such loss or damage be given in writing
to the Carrier at the port of discharge or place of
delivery before or at the time of delivery of the Goods,
or, if the loss or damage be not apparent, within three
consecutive days after delivery, the Goods shall be
deemed to have been delivered as described in this Bill
of Lading. In any event, except as provided in the next
sentence, the Carrier shall be discharged from all
liability in respect of non-delivery, misdelivery, delay,
loss or damage unless suit is brought within one year
after delivery of the Goods or the date when the Goods
should have been delivered. Where the loss or damage
occurs in the custody of a Participating Carrier, the
Carrier and Participating Carrier shall be discharged
from all liability in respect of non-delivery,
misdelivery, delay, loss or damage unless notice of claim
is filed and suit is brought within the time period
prescribed by the terms and conditions under which that
Participating Carrier had custody of the Goods. Such
terms and conditions may prescribe periods within which
notice must be given, claims must be filed, or suits must
be commenced, which are shorter than one year.
30.(VARIATION OF THE CONTRACT)
No servant or agent of the Carrier shall have power to
waive or vary any of the terms hereof unless such waiver
or variation is in writing and is specifically authorized
or ratified in writings by a director or officer of the
Carrier who has the said actual authority.
31.(HEADINGS)
The headings set out at the beginning of numbered clauses
herein are for convenience of reference only and shall
not be considered in the interpretation and construction
of the terms and conditions of this Bill of Lading.
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