RULE: 8 - BILL OF LADING Eff: 21DEC2010
| Effective | 21DEC2010 |
|---|---|
| Filed | 21DEC2010 |
| Filing Codes | IC |
1. DEFINITIONS
The following words both on the face and back hereof have
the meanings hereby assigned:
(a) "Carrier" means MITSUI-SOKO CO., LTD.
(b) "Actual Carrier" includes owners and operators of
vessels, stevedores, terminal operators, road,
rail and air transport operators and independent
contractors and their respective servants and
agents of whose services the Carrier procures for
the performance of the Carriage hereunder.
(c) "Carriage" means the whole or any part of the
transportation, operations and services undertaken
by or on behalf of the Carrier in respect of the
Goods.
(d) "Container" includes any container (including any
open top, flat rack or platform container), pallet
or any other similar article of transport used to
consolidate goods.
(e) "Goods" means the cargo described on the face hereof
and, if the Goods are packed into a Container
supplied or furnished by or on behalf of the
Merchant, includes the Container as well.
(f) "Merchant" includes the Shipper, Consignor,
Consignee, owner and receiver of the Goods and
the holder of this Bill of Lading and anyone acting
on behalf of any such Person.
(g) "Person" includes an individual, corporation,
partnership or other entity as the case may be.
(h) "Vessel" includes vessel, ship, craft, lighter or
any other means of transport which is or shall be
substituted, in whole or in part, for the vessel
named on the face hereof.
2. (CLAUSE PARAMOUNT)
(1) As far as this Bill of Lading covers Carriage of the
Goods by sea or inland waterways, this Bill of Lading
shall have effect subject to the provisions of the
International Carriage of Goods by Sea Act of Japan,
enacted 13 June 1957, as amended 3 June 1992 (herein-
after called the Act), unless it is adjudged that any
other legislation of a nature similar to the Inter-
national Convention for the unification of certain
rules of law relating to bills of lading done at
Brussels on 25 August 1924 (hereinafter called the
Hague Rules), the Protocol to amend the Hague Rules
done at Brussels on 23 February 1968, or, the Protocol
amending the Hague Rules as amended by the Protocol
of 23 February 1968 done at Brussels on 21 December
1979, mandatorily applies to this Bill of Lading, in
which case it shall have effect subject to the pro-
visions of such similar legislation (hereinafter called
the Hague-Rules Legislation), and the Act or the Hague-
Rules Legislation shall be deemed to be incorporated
herein.
(2) The Act or the Hague-Rules Legislation shall govern
before loading on and after discharge from the Vessel
and throughout the entire time the Goods are in custody
of the Carrier, its servants, agents and Actual Carrier
within the sea terminal at the Port of Loading or Port
of Discharge.
(3) If any provision herein is held to be inconsistent with
or repugnant to any extent of the Act, the Hague-Rules
Legislation or any other laws, statutes or regulations
mandatorily applicable to the contract evidenced by this
Bill of Lading, such provision shall be null and void to
the extent of such inconsistency or repugnance but no
further.
3. GOVERNING LAW AND JURISDICTION
The contract evidenced by or contained in this Bill of
Lading shall be governed by Japanese law except as may be
otherwise provided for herein, and any action against the
Carrier thereunder shall be brought before the Tokyo
District Court in Japan. However, the Carrier may bring
such action to another jurisdiction.
4. LIMITATION STATUTES
Nothing in this Bill of Lading shall operate to limit or
deprive the Carrier of any statutory protection or exemption
or limitation of liability authorized by any applicable
laws, statutes and regulations of any countries.
5. NEGOTIABILITY AND TITLE TO THE GOODS
(1) This Bill of Lading shall be non-negotiable unless made
out "to order", in which event it shall be negotiable
and shall constitute title to the Goods and the holder,
by endorsement of this Bill of Lading, shall be entitled
to receive or to transfer the Goods described on the
face hereof.
(2) This Bill of Lading shall be prima facie evidence of
taking in charge by the Carrier in apparent good order
and condition, except as otherwise noted, of the total
number of Containers or other packages or units
enumerated overleaf.
6. ISSUANCE OF COMBINED TRANSPORT BILL OF LADING
(1) The Carrier, by the issuance of this Combined Transport
Bill of Lading undertakes to perform and/or in his own
name to procure the performance of the Carriage from the
place at which the Goods are taken in charge to the
place designated for delivery on the face hereof and
assumes liability as set out hereunder.
(2) Notwithstanding the heading "Combined Transport Bill of
Lading" the provisions set out and referred to herein
shall also apply when the Carriage is performed by one
mode of transport only.
(3) This Bill of Lading is issued as to marks, number,
description, quality, quantity, gauge, weight, measure,
nature, kind, value and any other particulars of the
Goods as furnished by the Merchant who shall be deemed
to have guaranteed the accuracy and correctness of the
contents and description of the Goods at the time they
were taken in charge by the Carrier. The Merchant also
warrants that the Goods are lawful goods and contain no
contraband. The Merchant shall indemnify the Carrier
against any loss, damage, fines and expenses arising or
resulting from inaccuracy, inadequacy and/or
insufficiency of such particulars or from the Goods
being found to be contraband.
7. CARRIER'S TARIFF
The provisions of the Carrier's applicable Tariff are
incorporated herein. Copies of such provisions are
obtainable from the Carrier upon request. In the case
of inconsistency between this Bill of Lading and the
applicable Tariff, this Bill of Lading shall prevail.
8. CERTAIN RIGHTS AND IMMUNITIES FOR THE CARRIER AND OTHER
PERSONS
(1) The Carrier shall be entitled to procure the services of
any Actual Carrier for the performance on any terms
whatsoever the whole or any part of the Carriage 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 Person or Vessel whatsoever,
other than the Carrier, including, but not limited to,
the Carrier's servants or agents, any Actual Carrier and
his servants or agents, and all others, by whom the
whole or any part of the Carriage, whether directly or
indirectly, is procured, performed or undertaken, which
imposes or attempts to impose upon any such Person or
Vessel any liability whatsoever in connection with the
Goods or the Carriage, and if any claim or allegation
should nevertheless be made to defend, indemnify and
hold harmless the Carrier against all consequences
thereof.
(3) Without prejudice to the preceding paragraph, every such
Person and Vessel shall have the benefit of every right,
defense, limitation and liberty of whatsoever nature
herein contained or otherwise available to the Carrier
as if such provisions were expressly for his benefit and
in entering into this Contract, the Carrier, to the
extent of these provisions, does so not only on his own
behalf but also as agent or trustee for such Persons and
Vessels and such Person and Vessels shall to this extent
be or be deemed to be parties to this Contract.
(4) The Merchant shall defend, indemnify and hold harmless
the Carrier against any claim or liability (and any
expense arising therefrom) arising from the Carriage of
Goods insofar as such claim or liability exceeds the
Carrier's liability under this Bill of Lading.
(5) The defenses and limits of liability provided for in
this Bill of Lading shall apply in any action against
the Carrier whether the action be founded in contract,
in tort or otherwise.
9. RESPONSIBILITY OF THE CARRIER
(1) The Carrier shall be responsible for loss of or damage
to the Goods occurring from the time the Goods are
received by the Carrier at Place of Receipt or Port of
Loading for Carriage until the time of delivery at the
Port of Discharge or Place of Delivery, only to the
extent set out hereunder.
(2) The Carrier shall, however, be relieved of liability
for any loss, damage or delay in delivery, if such loss,
damage or delay in delivery was caused by:
(a) the wrongful act or neglect of the Merchant;
(b) compliance with the instructions of the Person
entitled to give them;
(c) inherent vice or nature of the Goods;
(d) insufficiency of or defective condition of packing
or marking;
(e) defect of the Container used to consolidate the
Goods if supplied by the Merchant;
(f) handling, loading, stowage or unloading of the Goods
by the Merchant;
(g) war, warlike operations, riot, civil commotions and
strikes or lockouts or stoppage or restraint of
labor from whatever cause, whether partial or
general; or
(h) any cause or event which the Carrier could not avoid
and the consequence whereof the Carrier could not
prevent by the exercise of due diligence.
(3) If the stage of the Carriage during which the loss or
damage occurred is known, notwithstanding anything
provided for otherwise herein, the liability of the
Carrier in respect of such loss or damage shall be
determined by the provisions contained in any inter-
national convention or national law which provisions:
(a) cannot be departed from by private contract to the
detriment of the Merchant; or
(b) would have applied if the Merchant had made a
separate and direct contract with the carrier in
respect of the particular stage of the Carriage
during which the loss or damage occurred and
received as evidence thereof any particular
document which must be issued in order to make
such international convention or national law
applicable.
(4) If it can be proved that the loss or damage occurred
during inland carriage while the Goods were in custody
of an Actual Carrier, the liability of the Carrier and
the limitation thereof shall be determined in accordance
with the Actual Carrier's contract of carriage, bill of
lading or tariff, which are deemed to be incorporated
herein and constitute a part hereof, or in the absence
of such contract, bill of lading or tariff as set out in
Clause 10 hereunder.
10. AMOUNT OF COMPENSATION
(1) When the Carrier is liable for compensation in respect
of any loss or damage to the Goods, it is agreed with
the Merchant that such compensation shall be calculated
by reference to the value of the Goods at the place and
time they are delivered to the Merchant, or at the place
and time they should have been delivered. For the
purpose of determining the extent of the Carrier's
liability for loss or damage to the Goods, the sound
value of the Goods is presumed to be the Merchant's
invoice value of the Goods plus freight, charges and
insurance, if paid.
(2) The Carrier shall in no event be or become liable for
any loss of or damage, whatsoever and however arising,
to the Goods in an amount exceeding the equivalent of
666.67 Units of Account per package or unit or 2 Units
of Account per kilogram of gross weight of the Goods
lost or damaged, whichever is the higher. The Units of
Account mentioned herein is the Special Drawing Right
(SDR) as defined by the International Monetary Fund.
(3) Higher compensation may be claimed only when, with the
consent of the Carrier, the value of the Goods declared
by the Shipper prior to the commencement of the
Carriage, which exceeds the limits laid down in this
Clause, has been inserted on the face hereof in the
space provided and extra freight paid, in which case
such higher value shall be the limit and any partial
loss or damage shall be adjusted pro rata on the basis
of such declared value.
(4) When the Goods have been packed into a Container by or
on behalf of the Merchant, and when the number of
packages or units packed into the Container is not
enumerated on the face hereof, each Container including
the entire contents thereof shall be considered as one
package for the purpose of application of the Carrier's
limitation of liability.
(5) The Carrier does not undertake that the Goods shall
arrive at the Port of Discharge or Place of Delivery at
any particular time or in time to meet any particular
market or use, and the Carrier shall in no circumstances
whatsoever and howsoever arising be liable for any
direct, indirect or consequential loss or damage caused
by delay.
11. (METHOD AND ROUTE OF TRANSPORT)
(1) The Carrier may at any time and without notice to the
Merchant:
(a) Use any means of transport, handling or storage
whatsoever;
(b) transfer the Goods from one conveyance to another
including trasshipping or carrying the same on
another vessel than the Vessel named on the face
hereof.
(c) unpack and remove the Goods which have been packed
into a Container or otherwise;
(d) Proceed by any route in his discretion (whether or
not the nearest most direct or customary or adver-
tised route);
(e) load and unload the Goods at any place or port
(whether or not being the port named as the Port of
Loading or Port of Discharge on the face hereof) and
store the Goods at any such place or port; or
(f) comply with any orders, directions or recommenda-
tions given by any government or authority or any
Person acting or purporting to act as or on behalf
of such government or authority, or having under the
terms of any insurance on any conveyance employed by
the Carrier the right to give orders or directions.
(2) The liberties set out in the preceding paragraph may be
invoked by the Carrier for any purpose whatsoever,
whether or not connected with the Carriage of the Goods.
Anything done in accordance with the preceding paragraph
or any delay arising therefrom shall be deemed to be
within the contractual Carriage and shall not be a
deviation.
12. INSPECTION OF GOODS
(1) The Carrier shall be entitled, but under no obligation,
to open any Container or package 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
Carriage thereof and/or take any measures and/or incur
any 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 expense so incurred.
(2) If by order of the authorities at any place, a Container
has to be opened for the contents to be inspected, the
Carrier shall not be liable for any loss, damage or any
other consequences as a result of any opening,
unpacking, inspection and repacking from the Merchant.
13. MATTER AFFECTING PERFORMANCE
(1) If at any time the performance of the Carriage hereunder
is or is likely to be affected by any hindrance, risk,
delay, difficulty, danger or disturbance of whatsoever
kind which cannot be avoided by exercise of reasonable
endeavors, the Carrier, may whether or not the Carriage
is commenced, without notifying the Merchant, treat the
Carriage as terminated and discharge, land, store or
take any other necessary means whatsoever on the Goods
or any part thereof and place them at the Merchant's
disposal at any place or port which the Carrier may deem
safe and convenient whereupon the responsibility of the
Carrier in respect of such Goods shall cease. In such
case, the discharge, landing and storing and any means
whatsoever taken shall constitute complete and final
delivery and full performance of the Carriage hereunder,
and the Carrier shall be discharged from any further
responsibility of the Goods.
(2) In case of the preceding paragraph, the Carrier shall be
entitled to all freight and other charges due and the
Merchant shall be liable for payment of all freight to
the Port of Discharge or place of landing or for any
other expenses incurred at such port or place as a
result of the discharge, landing, storing or other means
whatsoevere taken by the Carrier in relation to the
Goods.
(3) The situations referred to in Paragraph (1) above shall
include, but not 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; or interdict, or prohibition of or
restriction on commerce or trading; quarantine, sanitary
or other labor troubles whether partial or general and
whether or not involving employees of the Carrier or any
Actual Carrier; congestion of port, wharf, sea terminal
or any other place; shortage, absence or obstacles of
labor or facilities for loading, discharge, delivery or
other handling of the Goods; epidemics or diseases; bad
weather or any other obstacles to the Carriage of the
Goods.
14. OPTIONAL STOWAGE AND DECK CARGO
(1) The Goods may be packed by the Carrier in any Container
and consolidated with Goods of other Merchants for
Carriage.
(2) Any Goods whether packed in Containers or not, 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 or Goods will be carried
under deck. 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
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 Act or of the
Hague-Rules Legislation as provided for in Clause 2
hereof.
(3) Any Goods which are stated herein to be carried on deck,
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 unseawothiness or negligence or
any other cause whatsoever.
15. DANGEROUS GOODS
(1) The Merchant undertakes not to tender and Goods which
are or may become dangerous, inflammable, radioactive or
damaging, or which are or may become liable to damage
any property whatsoever to the Carrier for Carriage
without the express consent in writing of the Carrier
and without the Container as well as Goods being
distinctly marked on the outside as to indicate the
nature and character of any such Goods and so as to
comply with any applicable laws, regulations or require-
ments or by reason of international conventions relating
to the carriage of goods of a dangerous nature.
(2) If any such Goods are delivered to the Carrier without
such written consent and/or marking, or if in the
opinion of the Carrier the Goods are or are liable to
become of a dangerous, inflammable or damaging nature,
they may at any time be destroyed, disposed of,
abandoned, or rendered harmless at the Carrier's
discretion without compensation to the Merchant and the
Merchant shall be liable for and indemnify the Carrier
against any kind of loss of freight and any expense
directly or indirectly arising out of or resulting from
such Goods. Further, the Carrier shall be under no
liability to make general average contribution in
respect of such Goods.
(3) The Merchant undertakes that such Goods are packed in a
manner adequate to withstand the risks of Carriage
having regard to their nature and in compliance with all
laws or regulations which may be applicable during the
Carriage.
(4) Whether or not the Merchant was aware of the nature of
the Goods, the Merchant shall indemnify the Carrier
against all claims, losses, damages or expenses, or
personal injury or death, arising in consequence of the
Carriage of such Goods.
16. HEAVY LIFT
(1) The weight of a single piece or package exceeding one
metric ton gross must be declared by the Merchant in
writing before receipt by the Carrier and must be marked
clearly and durably on the outside of the pieces or
packages in letters and numbers not less than five
centimeters high.
(2) In case of the Merchant's failure in his obligation
under the preceding paragraph, the Carrier shall not be
responsible for any loss or damage to the Goods and the
Merchant shall be responsible for loss of or damage to
any property or for personal injury or death arising as
a result of the Merchatn's said failure and shall
indemnify the Carrier against loss or liability suffered
or incurred by the Carrier as a result of such failure.
17. AUTOMOBILE AND OTHER UNPACKED GOODS
The term apparent good order and condition with reference to
any automobile, rolling stock, tractor, machinery and other
unpacked goods does not mean that the condition of the Goods
when received were free of any dent, scratch, hole, cut and
bruise that could not have been found by ordinary care and
diligence. The Carrier shall in no event be liable for such
condition.
18. IRON, STEEL AND METAL PRODUCTS
Superficial rust, oxidation, moisture or any like condition
of any iron, steel or metal products is not a condition of
damage but is inherent to the nature of the Goods and
acknowledgement of receipt of the Goods in apparent good
order and condition does not mean that the Goods when
received were free of visible rust, oxidation or moisture.
The Carrier shall in no event be liable for loss or damage
arising out of or resulting from such inherent nature of the
Goods.
19. LIVE ANIMALS AND PLANTS
Live animals and plants, when accepted for Carriage, are
received, loaded, tended, stowed, carried, discharged and
delivered entirety and absolutely at5 the sole risk of the
Merchant and without any warranty or undertaking whatsoever
by the Carrier that the Vessel is seaworthy, fitted, manned,
equipped and supplied for their reception, carriage and
preservation of such Goods.
20. TEMPERATURE CONTROLLED GOODS
(1) The Merchant undertakes not to tender any Goods for
Carriage which require temperature controlled (whether
high or low), ventilation or any other special attention
without previously giving written notice of their nature
and particular temperature range to be maintained and,
in case of a temperature controlled Container packed by
or on behalf of the Merchant, further undertakes that
the Goods have been properly packed in the Container and
that its thermostatic controls have been adequately set
by the Merchant 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 or
damage to the Goods howsoever arising.
(2) The Carrier shall not be liable for any loss or damage
to the Goods arising from latent defects, derangement,
breakdown, stoppage or malfunction of the temperature
controlling machinery, plant, insulation or any
apparatus of the Container, provided that the Carrier
shall before or at the beginning of the Carriage
exercise due diligence to maintain the temperature
controlled Container in an efficient state.
21. VALUABLE GOODS
The Carrier shall not be responsible to any extent for any
loss of or damage to platinum, gold, silver, jewelry,
precious metals, radioisotope, precious chemicals, bullion,
specie, currencies, negotiable instruments, securities,
writing, documents, pictures, embroideries, works of art,
curios, heirlooms, collections of every nature or any other
valuable goods whatsoever including goods having particular
value only for the Merchant unless the true nature and value
of the Goods and the same are inserted on the face hereof
and ad valorem freight is prepaid thereon.
22. DELIVERY OF GOODS
(1) Any mention herein of parties to be notified of the
arrival of the Goods is solely for the 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) If delivery of the Goods or any part thereof is not
taken by the Merchant at the time and place when and
where the Carrier is entitled to call upon the Merchant
to take delivery thereof, the Carrier shall be entitled,
without notice, to unpack the Goods if packed in
Containers and/or to store the Goods ashore, afloat, in
the open or under cover, at the sole risk of the
Merchant. Such storage shall constitute due delivery
hereunder, and, thereupon, the liability of the Carrier
in respect of the Goods or that part thereof stored as
aforesaid shall wholly cease and the costs and expenses
of such storage (if payable by the Carrier or any agent
or any Actual Carrier) shall forthwith be paid by the
Merchant upon demand of the Carrier.
23. DELIVERY OF MARKS
(1) 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 Shipper
before the Goods are received by the Carrier in letters
and numbers not less than five centimeters) high
together with the name of the Port of Discharge.
(2) In no circumstances shall the Carrier be responsible
for delivery in accordance with other than the leading
marks.
24. SPECIAL DELIVERY OF GOODS
(1) In case the Goods received by the Carrier are Containers
into which contents have been packed by or on behalf of
the Merchant, the Carrier shall only be responsible for
delivery of the total number of Containers as shown on
the face hereof, provided that, at the absolute
discretion of the Carrier and on condition that the
Carrier shall not be liable for any shortage, loss,
damage or discrepancies of the Goods which are found
upon unpacking the Containers, the Containers may be
opened and the contents thereof delivered in accordance
with the brands, marks, numbers, sizes or types of
packages or pieces.
(2) In case the Goods have been packed into Containers by
the Carrier, the Carrier shall unpack the Container and
deliver the contents thereof, provided that, at the
absolute discretion of the Carrier the Goods may be
of Goods may be delivered in Containers to the Merchant,
in which case if the Containers are delivered with seals
intact by the Carrier, such delivery shall be deemed as
full and complete performance and the Carrier shall not
be responsible for any loss of or damage to the contents
of the Containers.
25. MERCHANT'S RESPONSIBILITY
(1) The Merchant warrants that in agreeing to the terms and
conditions hereof, he is, or has the authority of, the
person owning or entitled to the possession of the Goods
and this Bill of Lading.
(2) All of the persons coming within the definition of
Merchant in Clause 1 shall be jointly and severally
liable to the Carrier for the due fulfillment of all
obligations undertaken by the Merchant in this Bill of
Lading.
(3) The Merchant shall comply with all regulations or
requirements of customs, port and other authorities,
and shall bear and pay all duties, taxes, fines,
imposts, expenses or losses (including freight for any
additional Carriage undertaken) incurred or suffered by
reason of failure to comply, or by reason of any illegal
incorrect or insufficient marking, numbering or address-
ing of the Goods, and shall indemnify the Carrier in
respect thereof.
26. MERCHANT PACKED CONTAINERS
(1) If a Container has not been packed by the Carrier, this
Bill of Lading shall be a receipt only for the Container
and the Carrier shall not be liable for any 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 loss, damage,
liability or expense has been caused by:
(a) the manner in which the Container has been filled,
packed, stuffed or loaded,
(b) the unsuitability of the contents for carriage by
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) The Merchant shall inspect any Container before packing
the contents into the Container and the use of the
Container shall be prima facie evidence of the Container
being sound and suitable for use.
(3) If the Container is delivered by the Carrier with seals
intact, such delivery shall be deemed as full and
complete performance of the Carrier's obligation here-
under and the Carrier shall not be liable for any loss
of or damage to the contents of the Container.
27. CARRIER'S CONTAINER
(1) The Merchant shall assume full responsibility for and
shall indemnify the Carrier against any loss of or
damage to any Container or other equipment furnished or
arranged by the Carrier for the Merchant which occurs
while in the possession or control of the Merchant, its
agent or its inland carrier engaged by or on behalf of
the Merchant.
(2) The Carrier shall in no event be liable for and the
Merchant shall indemnify and hold the Carrier harmless
from and against any loss of or damage to the Container
or equipment and the property of other persons or
injuries to or death of any other person caused by the
Carrier's Container or contents thereof during handling
by, or while in the possession or control of the
Merchant, its agent or inland carrier engaged by or on
behalf of the Merchant.
(3) If any Container furnished or arranged by the Carrier is
unpacked at the Merchant's premises, the Merchant shall
be responsible for returning the empty Container, with
the interior brushed and cleaned, to the point or place
designated by the Carrier within the time prescribed.
Should the Container not be returned within the time
prescribed by the Carrier, the Merchant shall be liable
for any detention, loss or expenses which may arise from
such nonreturn.
28. FREIGHT AND CHARGES
(1) Full freight to the place of delivery mentioned on the
face hereof shall be considered as completely earned on
receipt of the Goods, whether the freight be stated to
be prepaid or to be collected at the destination and all
charges due hereunder against the Goods shall be paid to
the Carrier as soon as they have incurred.
(2) The Carrier shall be entitled to all freight and other
charges due, whether actually paid or not, under any
circumstances whatsoever, whether the Vessel be lost
or not, or the voyage or the Carriage be broken up,
frustrated or abandoned. The Merchant shall make
payment of all freight and other charges in cash without
any offset, counterclaim or deduction.
(3) The Merchant shall be liable for and indemnify the
Carrier for any mending, baling, reapirs or replacement
of packages resulting from insufficiency of packing or
from excepted perils, and expenses incurred in
fumigating, protecting, caring for, regaining possession
of or otherwise made for the benefit of the Goods.
(4) Any dues, duties, taxes and charges that may be levied
an any basis such as the amount of freight, weight of
the Goods or tonnage of the Vessel shall be paid by the
Merchant.
(5) The Merchant shall be responsible for all fines and
losses which the Carrier may incur from the Merchant's
failure to load the Goods or in part on the Vessel from
any cause whatsoever.
(6) The freight has been calculated on the basis of the
particulars furnished by or on behalf of the Shipper.
If the particulars furnished by or on behalf of the
Shipper are incorrect, it is agreed that a sum equal
to double the correct freight less the freight charged,
shall be payable as liquidated damages to the Carrier.
(7) The Shipper, 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 obligation
of each of them hereunder.
29. 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/or any other contract
and for general average contributions to whomsoever due
and for costs of recovering the same and for that
purpose shall have the right to sell the Goods and
documents by public auction or private treaty, without
notice to the Merchant and at the Merchant's expense
and without any liability towards the Merchant. If on
sale of the Goods, the proceeds fail to cover the amount
due and the costs 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
its discretion and subject to its lien and without any
responsibility attaching to him, sell, abandon or other-
wise dispose of such Goods solely at the risk and
expense of the Merchant.
30. FIRE
The Carrier shall not be liable for any loss of or damage to
the Goods arising or resulting from fire occurring between
the time when the Goods are received by the Carrier at the
Place of Receipt or Port of Loading and the time of delivery
by the Carrier at the Port of Discharge or Place of
Delivery, as the case may be, unless such fire shall have
been caused by the actual fault or privity of the Carrier.
31. NOTICE OF CLAIM AND TIME BAR
(1) Unless notice of loss of or damage to the Goods and the
general nature of it is given in writing to the Carrier
or its agent at the place of delivery before or at the
time of removal of the Goods into custody of the person
entitled to delivery thereof under this Bill of Lading,
or if the loss or damage is not apparent, within seven
consecutive days thereafter, such removal shall be prima
facie evidence of the delivery by the Carrier of the
Goods described in this Bill of Lading.
(2) The Carrier shall be discharged from all liability under
this Bill of Lading unless suit is brought within nine
months after delivery of the Goods or the date when the
Goods should have been delivered. In the event such
time period shall be found to be contrary to any inter-
national convention or mandatory national law, the
period covered by such convention or mandatory national
law shall then apply but in that circumstance only.
32. GENERAL AVERAGE
(1) 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,
as amended 1990 or any modification thereof, and any
other rules, laws and usage of the port or place of the
adjustment as may be stated in the ocean bill of lading
issued for the Goods. 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.
(2) If the Carrier delivers the Goods without obtaining
security for general average contributions, the
Merchant, by taking delivery of the Goods, undertakes
responsibility to pay such contributions and to provide
cash deposit or other security for the estimated amount
of such contribution as the Carrier shall require.
33. BOTH-TO-BLAME COLLISION AND NEW JASON CLAUSE
The both-to-blame collision clause and New Jason Clause
provided for in the ocean bill of lading issued for the
Goods by the owner or the operator of the carrying vessel
shall be available to the Carrier and be deemed to be
incorporated herein and constitute a part hereof with the
same force and effect as if fully set forth herein.
34. U.S.A. LOCAL CLAUSE
(1) If the Carriage covered by this Bill of Lading includes
Carriage to or from or through a port or place in the
United States of America, this Bill of Lading shall be
subject to the Carriage of Goods by Sea Act of the
United States of America approved 16 April 1936 (U.S.
COGSA), of which terms shall be deemed to be
incorporated herein and shall be paramount throughout
Carriage by sea or inland waterways and the entire time
that the Goods are in the custody of the Carrier or
Actual Carrier at the sea terminal in the United States
of America before loading on or after discharge from the
vessel, as the case may be.
(2) If U.S. COGSA applies, the liability of the Carrier
shall not exceed U.S. $500 per package or customary
freight unit, unless the nature and value of the Goods
have been declared on the face hereof, in which case
Clause 10 shall apply.
(3) The Carrier shall not be liable in any capacity what-
soever for loss, damage or delay to the Goods while the
Goods are in the United States of America away from the
sea terminal and are not in the actual custody of the
Carrier. The responsibility of the Carrier shall be to
procure, as agent, transportation by inland carriers
(one or more) and such transportation shall be subject
to the inland carrier's contract of carriage and tariffs
and any law mandatorily applicable. The Carrier
guarantees the fulfillment of such inland carrier's
obligation under their contracts and tariffs. If, for
any reason, the Carrier is denied the right to act as
agent only at these times, the Carrier's liability for
loss, damage or delay to the Goods shall be determined
in accordance with Clause 9 and Clause 10 hereof.
(4) The Carrier and its insurers shall be entitled to the
full benefit of, and right to, all limitations of, or
exception from, liability authorized by any provision of
46 U.S.C. 181 through 192 of the United States of
America and any amendments thereto and of any other
provisions of laws of the United States of America or
any other country whose laws shall apply the same as if
they were the owner of the Vessel used for the Carriage
of the Goods.
35. 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 writing by the Carrier.
36. HEADINGS
The headings set out at the beginning clauses are for con-
venience of reference only and shall not be considered in
the interpretation and construction of the terms and con-
ditions of this Bill of Lading.
