RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 22OCT2022
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Effective |
22OCT2022 |
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Filed |
22OCT2024 |
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Filing Codes |
IR |
All cargo transported under the rates, charges, terms and conditions named
in this Tariff shall be held, carried and delivered SBJ to the provisions
of Carrier's applicable Long Form B\L, the terms and conditions of which
are shown below.
a. When issued, all B/Ls MUST show the name and address of both the
Shipper/Consignor and the Consignee; the total weight and total
measurement of each piece, package or unit of cargo in the shipment,
except in the case of FCL shipments, only the total shipment weight and
measurement must be shown; and on shipments consigned "TO ORDER," the
name and address of the party to be notified MUST also appear.
b. Shippers/Consignors requiring that the Original B/L, properly endorsed,
be surrendered to the Carrier before delivery is accomplished, MUST
secure an ORDER B/L.
c. The Terms and Conditions of Carrier's regular long form B/L are as
follows:
1. DEFINITIONS
A. Carrier Means PERSHIP LINES LTD
B. "Merchant", as the context admits, includes the Merchant, Consignee,
the Receiver of the Goods, Holder of this Bill of Lading, any person
owning or entitled to the possession of the Goods or of this Bill of
Lading , or any person acting on behalf of any or the above mentioned
persons.
C. Goods means the cargo received from the Merchant and includes any
Container supplied by or on behalf of any other than the Carrier.
D. Container means any container, flat, pallet, or other form of cargo
carrying unit or equipment referred to on the face hereof, or in or
on which any Goods may be unitized or otherwise packed or stowed
when received by the Carrier for carriage hereunder or subsequent to
such receipt.
E. Carriage means that whole or any part of the operations and
services undertaken or performed by on behalf of the Carrier in
respect of the Goods
F. Combined Transport arises where the Carriage called for by this Bill
of Lading is not a Port to Port shipment.
G. Port to Port Shipment arises where the Place of Receipt and the Place
of Delivery are not indicted on the front of this Bill of Lading or
if both the Place of Receipt and the place of delivery indicated are
Ports and the Bill of Lading does not nominate the Place of Receipt
or the Place of Delivery on the front hereof, or specify any place or
spot within the area of the Port so nominated.
H. Hague rules means the provisions of the international Convention of
Unification of certain Rules relating to Bills of Lading signed at
Brussels on 25 August 1924.
Hague-Visby Rules means the Hague rules as amended by the protocol
signed at Brussels on 23 February 1968
COGSA means the Carriage of Goods by Sea Act of the United States of
America.
I. Charges Includes freight and all expenses and money obligation
incurred and payable by the Merchant.
J. Shipping Unit includes freight unit and the term Unit as used in
the Hague Rules and the Hague-Visby Rules.
K. Stuffed" includes filled, consolidated, packed, loaded or secured.
L. Person includes individuals, a partnership, a body corporate or other
entity.
2. CONTRACTING PARTIES The contract evidenced by the Bill of Lading is
between the Merchant of the Goods and the Carrier. The Merchant warrants
to the Carrier that he is entitled to the Goods and/or is duly authorized
by any other person who owns or is entitled to possession of the Goods to
deliver the Goods to the Carrier on the terms hereof. Without prejudice
to the foregoing, each Merchant agrees to accept this Bill of lading from
the Carrier and also to accept endorsement or delivery hereof from the
Merchant, Consignee or any other prior endorsee or holder and or
deliveree of the Goods. The Merchant confirms, ratifies and agrees to be
bound by all of the stipulations, exceptions and conditions stated herein
whether written, printed, stamped or otherwise incorporated on the front
or back hereof and that the contract contained or evidenced herein shall
be fully binding between the Carrier and such Merchant in all respects.
Each Merchant also agrees that all agreements previously made for the
carriage of the Goods are superseded by the contract contained or
evidenced herein.
3. SUBCONTRACTING The Carrier shall be entitled to subcontract on any
terms, the whole, or any part of the carriage, loading, storing,
warehousing, handling and any and all duties whatsoever undertaken by the
Carrier in relation to the Goods. The Merchant undertakes that no claims
or allegation shall be made against any servant, agent, or
Sub-Contractor, including without limiting the generality of the
foregoing, terminal and depot operators and stevedores of the Carrier,
which imposes or attempts to impose upon any of them or any vessel owned
by any of them, any liability whatsoever in connection with the Goods,
and, if any such claim or allegation should nevertheless be made, to
indemnity the Carrier against all consequences thereof. Without
prejudice to the foregoing every such servant, agent, and subcontractor,
including the foregoing terminal and depot operators and stevedores,
shall have the benefit of all provisions herein benefiting the Carrier as
if such provision was expressly for their benefit, and entering into this
Contract, the Carrier to the extent of those provisions, does so not only
on its own behalf, but as agent and trustee for such servants, agents,
and Sub-Contractors including without limiting the generality of the
foregoing terminal and depot operators and Stevedores. The expression
Sub-Contractor in this clause shall include direct and indirect
Sub-Contractors and their respective Servants and Agents.
4. DESCRIPTION OF GOODS
1.This Bill of Lading shall be prima facie evidence of the receipt by the
Carrier from the Merchant in apparent good order and condition, except
as otherwise noted, of the total number of containers or the packages or
units indicated in the box on the face hereof.
2. Except as provided in Clause 4 (1) 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.
3. If any particulars of any letter of credit and/or import licence and/or
sale contract and/or invoice or order number and/or details of any
contract to which the Carrier is not a party are shown on the face of
this Bill of Lading, such particulars are included solely at the request
of the Merchant for his convenience. The Merchant agrees that the
inclusion of such particulars shall not be regarded as a declaration of
value and in no way increases the Carriers liability under this Bill of
Lading. The Merchant further agrees to indemnify the Carrier against all
consequences of including such particulars in this Bill of Lading. The
Merchant acknowledges that the value of the Goods is unknown to the
Carrier.
5. SCOPE The Goods may, at the Carrier s absolute discretion, be carried
as single shipment or as several shipments by the vessel and or by any
other means of transport and through any route whatsoever whether or not
such route is direct, advertised or customary route. Any action taken by
the Carrier under this clause or delay resulting therefrom shall be
deemed to be included within the contractual carriage and shall not be a
deviation. Should the Carrier be held liable in respect of such action,
the Carrier shall be entitled to the full benefit of all privileges,
rights and immunities contained in this Bill of Lading.
6. CARRIER S RESPONSIBILITY AND CLAUSE PARAMOUNT
(A) Port to Port Transport If carriage is Port to Port Transport, the
responsibility (if any) of the Carrier for loss or damage to the Goods
occurring from the time when the Goods are loaded on board the Vessel at
the Port of Loading until the time when the Goods are discharged from the
Vessel at the Port of Discharge shall be determined in accordance with
the provisions of Clause 6(C). The Carrier shall be under no liability
whatsoever for loss or damage to the Goods or non-delivery or misdelivery
howsoever caused if such loss or damage, non-delivery or misdelivery
arises prior to loading onto or subsequent to discharge from the Vessel.
Notwithstanding the above, in case and to the extent that any applicable
law provides for any additional period of responsibility the Carrier
shall have the benefit of every right, defence, limitation and liberty of
the Hague Rules during such additional compulsory period of
responsibility notwithstanding that the loss or damage did not occur at
sea.
(B) Combined Transport If carriage is Combined Transport then the Carrier
undertakes to perform and/or in its own name to procure performance of
the carriage from the Place of Receipt or the Port of Loading whichever
is applicable to the Place of Delivery or the Port of Discharge whichever
is applicable and, save as is otherwise provided for in this Bill of
Lading, the Carrier s liability for loss or damage to the Goods shall be
as follows:-
(1) If the stage of carriage where loss or damage occurred is
not known
(a) Exclusions. If the stage of the carriage where the loss or
damage to the Goods is not known then the Carrier shall be liable for
loss and damage to the Goods save that the Carrier shall be relieved
from liability for any loss or damage to the extent that such loss or
damage was caused by:
(i) An act or omission of the Merchant;
(ii) Insufficiency or defective condition of packing or marking;
(iii) Compliance with the instructions of persons entitled to give
them;
(iv) Handling, loading, stowage or unloading of the Goods by the
Merchant;
(v) Inherent vice of the Goods;
(vi) Strike, lockout, stoppage or restraint of labour from whatever
cause whether partial or general;
(vii) A nuclear incident;
(viii) Any cause or event which the Carrier could no avoid and the
consequence of which he could not prevent by the exercise of
reasonable diligence.
(b) Burden of Proof. The burden of proving that any loss or damage was
caused by one or more of the events mentioned in Clauses 4(B)(1)(a)(i)
to (viii) shall rest upon the Carrier save that when the Carrier is
able to demonstrate that, in the circumstances of the case, the loss
or damage could be attributed to one or more of the events specified
in Clauses 6(B)(1)(a)(ii) to (vii) then it shall be presumed that it
was so caused and in such circumstances the burden of proof shall be
on the Merchant to prove that the loss or damage was not caused wholly
or partly by one or more of these events.
(c) Limitation. If the Carrier is liable for loss or damage to the
Goods then the amount of compensation shall be calculated by reference
to the invoice value of the Goods plus freight and insurance (if
paid). The Carrier s maximum liability hereunder shall in no
circumstances exceed US$2 per kilo of gross weight of the Goods lost
or damaged unless the value of the Goods has been declared by the
paid whereupon the declared value (if higher) as shown on the face of
the Bill of Lading shall be substituted for the above limit and any
partial loss or damage shall be adjusted pro rata on the basis of such
declared value.
(2) If the stage of carriage during which loss or damage occurred is
known Notwithstanding anything provided for in Clause 6(B)(1) if the
stage of the carriage where loss or damage to the Goods is known then
subject to the operation of Clause 6(C) which shall apply where loss or
damage occurs to the Goods from the time when the Goods are loaded on
board the Vessel at the Port of Loading until the time when the Goods
are discharged from the Vessel at the Port of Discharge the Carriers
liability in respect of any such loss or damage occurring shall be
determined as follows:-
(a) By the provisions contained in any international convention or
national law, which provisions cannot be departed from by private
contract to the detriment of the Merchant, and 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 where 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; or
(b) If no international convention or national law is applicable then
the liability of the Carrier shall be determined pursuant to the
provisions of Clause 6(B)(1).
(c) Subject to Clause 6(B)(2)(a) if loss or damage to the Goods is
known to have occurred during a period when the Goods were in the
custody of a another carrier then the Carrier shall have the benefit
of any and all rights, defences, exemptions, limitations and
immunities contained in or incorporated by or compulsorily applicable
to the other carrier s tariff(s) or contract(s) with the Carrier (in
addition to all of the rights, defences, exemptions, limitations and
immunities contained in this Bill of Lading and the Carrier s tariff)
and for this purpose such benefit, rights, defences, exemptions,
limitations and immunities shall be deemed to be incorporated herein,
and copies are obtainable from the Carrier upon request.
(C) Clause Paramount All carriage under this Bill of Lading (whether
electronically produced or not) shall have effect subject to any
legislation enacted in any country making the Hague or Hague-Visby Rules
compulsorily applicable and in the absence of any such legislation in
accordance with the Hague Rules or the Hague Visby Rules in the case of
carriage to or from the United States of America. In circumstances where
the Hague Rules are not compulsorily applicable but are contractually
applicable then subject to Clause 23 (ad valorem declaration) the
Carrier s responsibility shall in no event exceed GBP100 per package or
customary freight unit. If any terms of this Bill of Lading are held
repugnant to the Hague Rules, Hague-Visby Rules, COGSA or any other
compulsorily applicable legislation then such provision shall be null and
void to the extent of such invalidity without invalidating the remaining
provisions hereof. References in the Hague, Hague-Visby Rules, or COGSA
to carriage by sea shall be deemed to include references to inland
waterways or waterborne carriage.
(D) USA Clause Paramount (if applicable) If carriage includes carriage to,
from or through a port in the United States of America this Bill of
Lading shall be subject to COGSA, the terms of which are incorporated
herein and shall be paramount throughout carriage by sea and the entire
time that the Goods are in the actual custody of the Carrier or its
sub-contractor at the sea-terminal in the United States of America before
loading onto the Vessel or after discharge therefrom as the case may be.
The Carrier shall not be liable in any capacity whatsoever for loss or
delay to the Goods or non-delivery or misdelivery howsoever caused 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. At these times the
Carrier acts as agent only for and on behalf of the Merchant and agrees
to procure transportation of the Goods in accordance with the usual
terms, conditions and tariff(s) of other carriers. If for any reason the
Carrier is denied the right to act as agent only at these times, its
liability for loss and damage to the Goods or non-delivery or misdelivery
thereof shall be determined in accordance with Clause 6(B) hereof. If
COGSA applies then the liability of the Carrier shall not exceed US$500
per package or customary freight unit unless the value of the Goods has
been declared on the face hereof with the consent of the Carrier and
extra freight has been paid in which case Clause 23 shall apply and the
declared value (if higher) shall be substituted for the limit and any
partial loss or damage shall be adjusted pro-rata on the basis of such
declared value. Except as provided herein in Clauses 6(D)(1)and (2),
and where COGSA does not apply by operation of law, Carrier s liability
will be governed by COGSA unless its liability under some other body of
law applicable to the particular stage of the transport where the loss
occurred is more favourable to the Carrier (with regards to defenses and
limitations), in which case that other body of law will apply.
D. GENERAL PROVISIONS
a) DELAY, CONSEQUENTIAL LOSS Save as otherwise provided herein, the
Carrier shall in no circumstances be liable for direct, indirect or
consequential loss or damage by delay or any other cause whatsoever and
howsoever caused. Without prejudice to the foregoing, if the Carrier is
found liable for delay, liability shall be limited to the freight
applicable to the relevant stage of the transport.
b) PACKAGE OR SHIPPING UNIT LIMITATION Where the Hague Rules or any
legislation making such Rules compulsorily applicable to this Bill of
Lading apply, the Carrier shall not, unless a declared value has been
noted in accordance with (c) below, be or become liable for any loss or
damage to or in connection with the Goods in an amount per package or
shipping unit in excess of the package or shipping unit limitation laid
dawn by such Rules or legislation.
c) AD VALOREM DECLARED VALUE OR PACKAGES OR SHIPPING UNIT The Carrier s
liability may be increased to a higher value by a declaration in writing
of the value of the Goods by the Merchant upon delivery to the Carrier of
the Goods for shipment. Such higher value being inserted on the front of
this Bill of Lading in the space provided for and, if required by the
Carrier, extra freight paid in such case. If the actual value of the
Goods shall exceed such declared value, the value shall nevertheless be
deemed to be the declared value and the Carrier s liability if any, shall
not exceed the declared value and any partial loss or damage shall be
adjusted pro-rata on the basis of such declared value.
d) DEFINITION OF PACKAGE OR SHIPPING UNIT Where a Container is used to
consolidate Goods and such Container is stuffed by the Carrier, the
number of packages or shipping units stated on the face of this Bill of
Lading in the box provided shall be deemed the number of packages or
shipping units for the purpose of any limit of liability per package or
shipping unit provided in any international convention or national law
relating to the Carriage of Goods by sea. Except as aforesaid the
Container shall be considered the package of shipping unit. The words
shipping unit shall mean each physical unit or piece of cargo not
shipped in a package, including articles and things of any description
whatsoever, except Goods shipped in bulk, and irrespective of the weight
or measurement unit employed in calculating freight charges. As to
Goods shipped in bulk the limitation applicable thereto shall be the
limitation provided in such convention or law, which may be applicable
and in no such event shall anything herein be construed to be a waiver
limitation as to Goods shipped in bulk.
e) Rust, ETC. It is agreed that superficial rust, oxidization 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
conditions of rust, oxidization or the like did not exist on receipt.
f) NOTICE OF LOSS OR DAMAGE The Carrier shall be deemed prima facie to
have delivered the Goods as described in this Bill of Lading unless
notice of loss or damage to the Goods indicating the general nature of
such loss or damage shall have been given in writing to the Carrier or to
his representative 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 three consecutive days thereafter.
g) TIME BAR The Carrier shall be discharged of all liability unless suit
is brought in the proper forum within one year after delivery of the
Goods or the date when the Goods should have been delivered. In the
event that such time period shall be found contrary to any convention or
law compulsorily applicable, the period prescribed by such convention or
law shall then apply but in those circumstances only.
7. DEFENSES AND LIMITS FOR THE CARRIER The defenses 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 or whether the action be
founded in the Contract or in tort.
8. MERCHANT PACKED CONTAINERS
A. 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.
B. If a container has not been filled, packed, stowed, stuffed, or loaded
by the Carrier, the Carrier shall not be liable for loss or damage to the
contents and the Merchant shall indemnify the Carrier against any injury,
loss, damage, liability, or expense, penalty or fine 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, stowed,
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, stowed, stuffed, or
loaded.
C. If a Container which has not been filled, packed, stowed, stuffed, or
loaded by the Carrier, is delivered by the Carrier with its 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.
D. The Merchant shall inspect the Container(s) before stowing them and the
use of the container (s) shall be prima facie evidence of their being
sound and suitable for use for transportation of the Goods.
9. CONTAINER PACKED BY CARRIER
the carrier shall be at liberty to pack and transport and/or forward the
Goods in or any container/s.
B. Any statements in this Bill of Lading relating to marks, numbers,
description, quantity, quality, weight, measure, nature, kind, value or
other particulars including Contract of Sale, Letter of Credit are
furnished by the Merchant and are unknown to the Carrier and the Carrier
accepts no responsibility whatsoever therefor. Such particulars are not
to be regarded as a declaration of any of the matters stated of its
value unless the Carrier has explicitly and separately admitted the
value. Each Merchant shall be deemed to have warranted to the carrier
the accuracy of the particulars and shall indemnify the carrier against
all or any injury, loss, damage, liability, expense, penalty or fine
incurred by the Carrier arising or resulting form any inaccuracy thereof.
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 thereof, 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 expenses 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 measure and or incur any reasonable expenses to carry or to
continue the carriage or to store the same ashore or afloat under cover or
in 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. NO REPRESENTATIONS AS TO WEIGHT ETC No representations are made by
the Carrier as to the weight, contents, measure, quantity, quality,
description, conditions, marks, numbers, or value of the Goods and the
Carrier shall be under no responsibility whatsoever in respect of such
description particulars.
12. MERCHANT S RESPONSIBILITY
A. The Merchant warrants to the Carrier that the particulars relating to
the Goods as set out overleaf have been checked by the Merchant upon
receipt of this Bill of Lading and that such particulars furnished by, or
on behalf of the Merchant are correct.
B. The Merchant shall indemnify the Carrier against all loss, damage or
expenses arising, or resulting from inaccuracies or inadequacy of such
particulars, unsuitability of the contents for carriage in Container 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 stowed, stuffed, or
loaded.
D. If containers supplied by or on behalf of the carrier are unpacked at
the Merchant s premises, the Merchant is responsible for returning the
empty containers, with interiors cleaned and in every respect fit for
immediate reuse, to the point or place designated by the Carrier, his
servants or Agents within the time prescribed. Should a container not be
returned as required above, within the time prescribed, the Carrier is
entitled to take such steps as he considers appropriate for the account
of the merchant, and the Merchant shall be liable for any detention, loss
or expense incurred as a result thereof.
E. Containers released into the care of the Merchant for packing,
unpacking, or any other purpose whatsoever are at the sole risk of the
Merchant until re-delivered to the carrier. The Merchant shall indemnify
the carrier for all loss and or damage to such containers occurring
during such period. The Merchant shall also indemnify the carrier for any
loss, damage. injury, fines or for expenses caused or incurred by such
containers while in his control.
13. FREIGHT AND CHARGES
A. The Merchant s attention is drawn to the stipulation 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 Carrier s applicable Tariff.
B. The freight has been calculated on the basis of particulars furnished
by, or on behalf of the Merchant. The Carrier may at any time open any
Container or other Package or Unit in order to re-weigh, re-measure,
reclassify, or revalue the contents, and if the particulars furnished by
or on behalf of the Merchant are incorrect, it is agreed that a sum equal
to the difference between the correct freight charged shall be payable by
the Merchant to the Carrier.
C. Charges shall be deemed fully earned on receipt of the Goods by the
Carrier and shall be paid and non-returnable in any event.
14. LIEN
A. 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 all sums
payable to the Carrier under this Contract 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.
B. 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. MATTERS AFFECTING PERFORMANCE
A. Means of transportation. The Carrier may, while remaining fully
liable, use or substitute any vessel, or other means of transportation to
fulfill its obligations under this Bill of Lading without giving notice
to, or without obtaining the express consent of the Merchant.
B. Subcontracting. The Carrier, while remaining fullyliable to fulfill
its obligations under this Bill of Lading shall be entitled to subcontract
on any terms, to any person or entity it may choose, for all or any part
of said obligations, with out notice to, or
without the express consent of the Merchant.
C. If at any time the performance of the contract evidenced by this Bill
of Lading 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 endeavours, the Carrier (whether or not the
transport has commenced) may without notice to the Merchant, treat the
performance of this Contract terminated and place the Goods or any part
of them at the Merchant s disposal at any port or place whatsoever which
the Carrier may consider safe and advisable in the circumstance where
upon the responsibility of the Carrier in respect of such Goods shall
cease. The Carrier will 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 for transportation at
such port or place.
D. The circumstances referred to in sub clause C above, shall include, but
not be limited to those caused by the existence of apprehension of war,
declared or undeclared, hostilities, warlike or belligerent acts of
operations, riots, civil commotion, political unrest, or other
disturbances, closure of, obstacles in or danger to any canal, blockage
of port or place or interdict or prohibition of or restriction on
commerce or trading quarantine, sanitary or other similar regulations,
strikes, riots, lockouts or other labor 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
handling of the Goods; epidemics or diseases; bad weather, shallow water,
ice, landslide, or other obstacle in navigation or haulage.
16. DANGEROUS GOODS
A. The Merchant undertakes not to tender for transportation any Goods
which are dangerous, inflammable, radioactive, or of a damaging nature,
without previously giving written notice 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 carriage. The
Carrier or the Master may however, in their absolute discretion reject
any such cargo.
B. If the requirements of sub-clause A 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.
C. If the dangerous, inflammable, radioactive or damaging nature which
were tendered in compliance with sub-clause A, shall become 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.
17. OPTIONAL STOWAGE, DECK CARGO AND LIVESTOCK
A. The Goods may be stowed by the Carrier in containers or similar
articles of transport used to consolidate Goods.
B. Goods stowed in Container, 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 purpose of the
Hague Rules or similar provisions of any other acts which may be
applicable.
18. REGULATIONS RELATING TO GOODS The Merchant shall comply with all
regulations or requirement of Customs, port and other Authorities, and
shall bear and pay all duties, taxes, fines, imposts, expenses, or losses
incurred or suffered by reason thereof, or any illegal, incorrect or
insufficient marking, numbering, or addressing of the Goods, and indemnify
the Carrier in respect thereof.
19. GENERAL AVERAGE General average shall be adjusted at any port or place
at the option of the Carrier in accordance with the York-Antwerp Rules,
1974. 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 contribution and to
provide a cash deposit or other security for the estimated amount of such
contributions as the Carrier shall reasonably require.
20. VARIATION OF THE CONTRACT, ETC. No servant or agent of the Carrier
shall have the power to waive or vary any terms of the Bill of Lading
unless such waiver or variation is in writing and is specifically
authorized or ratified in writing by the Carrier in this connection.
21. NEGOTIABILITY
A. 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 shall be entitled to receive or transfer
the Goods herein described.
B. This Bill of Lading shall be prima facie evidence of the taking in
charge by Carrier of the Goods as herein described. However, proof to
the contrary shall not be admissible when this Bill of Lading has been
negotiated, or transferred for valuable
acting in good faith.
22. CARRIER S TARIFF The provisions of the Carrier s applicable Tariff, if
any, are incorporated herein copies of such provisions are obtainable from
the Carrier or his Agent upon request, or where applicable, from a
government body with whom the Tariff has been filed. In the case of
inconsistency between this Bill of Lading and the applicable Tariff, this
Bill of Lading will prevail.
23 NOTIFICATION AND DELIVERY Any mention herein of parties to be notified
of the arrival of the Goods is solely for information of the Carrier, and
failing to give such notification shall not involve the Carrier in any
liability nor relieve the Merchant of any obligation hereunder.
24. REFRIGERATED CARGO
(1) The Merchant undertakes not to tender for carriage any Goods which
require refrigeration, ventilation or any other special attention without
previously giving written notice of their nature and particular
temperature range to be maintained and or special attention required. In
the case of refrigerated, ventilated or any other specialised container
packed by or on behalf of the Merchant, the Merchant further undertakes
that the goods shall be properly packed in the container and that he has
checked that its thermostatic, ventilating or any other special controls
have been properly and exactly set before receipt of the Goods by the
Carrier. The Carrier shall not be liable for any loss or damage to the
Goods arising out of or resulting from the Merchant s failure in such
obligation and further does not guarantee the maintenance of any intended
temperature inside the container.
(2) The Carrier shall not be liable for any loss or damage to the goods
arising from latent defects, derangement, breakdown, defrosting, stoppage
of the refrigerating, ventilating or any other specialised machinery
plant, insulation and or apparatus of the container, vessel, conveyance
and any other facilities, provided that the Carrier shall before and at
the beginning of the carriage exercise due diligence to maintain the
container supplied by the Carrier in an efficient state.
(3) If the Goods have been packed into a refrigerated container by the
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.
25. LAW AND JURISDICTION Any claim or dispute arising from or in
connection with the carriage of the Goods under this Bill of Lading shall
only be instituted in the country where the Carrier has its principal
place of business and shall be decided according to the law of that
country.
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