RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 21FEB2025
| Effective | 21FEB2025 |
|---|---|
| Filed | 21FEB2025 |
| Filing Codes | I |
All cargo transported under the rates, charges, terms and conditions named
in this Tariff, iin Rate Tariff TLIs in this Tariff or in Service Contracts
governed by 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
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
1. Definition. "Merchant" includes the shipper, the receiver, the
consignor, the consignee, the holder of the Bill of Lading, the of the
cargo and any person entitled to possession of the cargo.
2. Notification. Any mention in this Bill of Lading of parties to be
notified of the arrival of the cargo 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.
3. Liability for Carriage Between Port of Loading and Port of Discharge.
(a) The International Convention for the Unification of Certain Rules of
Law relating to Bills of Lading signed at Brussels on 25 August 1924
("the Hague Rules") as amended by the Protocol signed at Brussels on 23
February 1968 ("the Hague Visby Rules") and as enacted in the country of
shipment shall apply to this contract. When the Hague-Visby Rules are not
enacted in the country of shipment, the corresponding legislation of the
country of destination shall apply, irrespective of whether such
legislation may only regulate outbound shipments. When there is no
enactment of the Hague-Visby Rules in either the country of shipment or
in the country of destination, the Hague-Visby Rules shall apply to this
contract save where the Hague Rules as enacted in the country of shipment
or, if no such enactment is in place, the Hague Rules as enacted in the
country of destination apply compulsorily to this Contract. The protocol
signed at Brussels on 21 December 1979 ("the SDR Protocol 1979") shall
apply where the Hague-Visby Rules apply, whether mandatorily or by this
Contract. The Carrier shall in no case be responsible for loss of or
damage to cargo arising prior to loading, after discharging, or with
respect to deck cargo and live animals.
(b) If the Carrier is held liable in respect of delay, consequential loss
or damage other than loss of or damage to the cargo, the liability of the
Carrier shall be limited to the freight for the carriage covered by this
Bill of Lading, or to the limitation amount as determined in sub-clause
3(a), whichever is the lesser.
(c)The aggregate liability of the Carrier and/or any of his servants,
agents or independent contractors under this Contract shall, in no
circumstances, exceed the limits of liability for the total loss of the
cargo under sub-clause 3(a) or, if applicable, the Additional Clause.
4. Law and Jurisdiction. Disputes arising out of or in connection with
this Bill of Lading shall be exclusively determined by the courts and in
accordance with the law of the place where the Carrier has his principal
place of business, as stated on Page 1, except as provided elsewhere
herein.
5. The scope of Carriage. The intended carriage shall not be limited to
the direct route but shall be deemed to include any proceeding or
returning to or stopping or slowing down at or off any ports or places
for any reasonable purpose connected with the carriage including
bunkering, loading, discharging, or other cargo operations and
maintenance of Vessel and crew.
6. Substitution of Vessel. The Carrier shall be at liberty to carry the
cargo or part thereof to the Port of discharge by the said or other
vessel or vessels either belonging to the Carrier or others, or by other
means of transport, proceeding either directly or indirectly to such
port.
7. Transhipment. The Carrier shall be at liberty to transship, lighter and
store the cargo either on shore or afloat and reship and forward the same
to the Port of discharge.
8. Liability for Pre-and On-Carriage. When the Carrier arranges
pre-carriage of the cargo from a place other than the Vessel s Port of
loading or on-carriage of the cargo to a place other than the Vessel s
Port of discharge, the Carrier shall contract as the Merchant s Agent
only and the Carrier shall not be liable for any loss or damage arising
during any part of the carriage other than between the Port of loading
and the Port of discharge even though the freight for the whole carriage
has been collected by him.
9. Loading and Discharging.
(a) Loading and discharging of the cargo shall be arranged by the Carrier
or his Agent.
(b) The merchant shall, at his risk and expense, handle and/or store the
cargo before loading and after discharging.
(c) Loading and discharging may commence without prior notice.
(d) The Merchant or his Agent shall tender the cargo when the Vessel is
ready to load and as fast as the Vessel can receive including, if
required by the Carrier, outside ordinary working hours notwithstanding
any custom of the port. If the Merchant or his Agent fails to tender the
cargo when the Vessel is ready to load or fails to load as fast as the
Vessel can receive the cargo, the Carrier shall be relieved of any
obligation to load such cargo, the Vessel shall be entitled to leave the
port without further notice and the Merchant shall be liable to the
Carrier for deadfreight and/or any overtime charges, losses, costs and
expenses incurred by the Carrier.
(e) The Merchant or his Agent shall take delivery of the cargo as fast as
the Vessel can discharge including, if required by the Carrier, outside
ordinary working hours notwithstanding any custom of the port. If the
Merchant or his Agent fails to take delivery of the cargo the Carrier s
discharging of the cargo shall be deemed fulfilment of the contract of
carriage. Should the cargo not be applied for within a reasonable time,
the Carrier may sell the same privately or by auction. If the Merchant or
his Agent fails to take delivery of the cargo as fast as the Vessel can
discharge, the Merchant shall be liable to the Carrier for any overtime
charges, losses, costs and expenses incurred by the Carrier.
(f) The merchant shall accept his reasonable proportion of unidentified
loose cargo.
10. Freight,Charges,Costs,Expenses,Duties,Taxes and Fines.
(a) Freight, whether paid or not, shall be considered as fully earned upon
loading and non-returnable in any event. Unless otherwise specified,
freight and/or charges under this Contract are payable by the Merchant to
the Carrier on demand. Interest at Libor (or its successor) plus 2 per
cent. shall run from fourteen days after the date when freight and
charges are payable.
(b) The Merchant shall be liable for all costs and expenses of fumigation,
gathering and sorting loose cargo and weighing onboard, repairing damage
to and replacing packing due to excepted causes, and any extra handling
of the cargo for any of the aforementioned reasons. (c) The Merchant
shall be liable for any dues, duties, taxes and charges which under any
denomination may be levied, inter alia, on the basis of freight, weight
of cargo or tonnage of the Vessel.
(d) The Merchant shall be liable for all fines, penalties, costs, expenses
and losses which the Carrier, Vessel or cargo may incur through
non-observance of Customs House and/or import or export regulations.
(e) The Carrier is entitled in case of incorrect declaration of contents,
weights, measurements or value of the cargo to claim double the amount of
freight which would have been due if such declaration had been correctly
given. For the purpose of ascertain the actual facts, the Carrier shall
have the right to obtain from the Merchant the original invoice and to
have the cargo inspected and its contents, weight, measurement or value
verified.
11. Lien The Carrier shall have a lien on all cargo for any amount due
under this contract and the costs of recovering the same and shall be
entitled to sell the cargo privately or by auction to satisfy any such
claims.
12. General Average and Salvage. General Average shall be adjusted, stated
and settled in London according to the York-Antwerp Rules 1994, or any
modification thereof, in respect of all cargo, whether carried on or
under deck. 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 Merchant shall contribute with the Carrier in General Average to the
payment of any sacrifice, losses or expenses of a General Average nature
that may be made or incurred, and shall pay salvage and special charges
incurred in respect of the cargo. If a salving vessel is owned or
operated by the Carrier, salvage shall be paid as fully as if the salving
vessel or vessels belonged to strangers.
13. Both-to-Blame Collision Clause. If the Vessel comes into collision
with another vessel as a result of the negligence of the other vessel and
any act, negligence or default of the Master, Mariner, Pilot or the
servants of the Carrier in the navigation or in the management of the
Vessel, the Merchant will indemnify the Carrier against all loss or
liability to the other or non-carrying vessel or her Owner in so far as
such loss or liability represents loss of or damage to or any claim
whatsoever of the owner of the cargo paid or payable by the other or
non-carrying vessel or her Owner to the owner of the cargo and set-off,
recouped or recovered by the other or non-carrying vessel or her Owner as
part of his claim against the carrying vessel or Carrier. The foregoing
provisions shall also apply where the Owner, operator or those in charge
of any vessel or vessels or objects other than, or in addition to, the
colliding vessels or objects are at fault in respect of a collision or
contact.
14. Government directions, War, Epidemics, Ice, strikes, etc.
(a) The Master and the Carrier shall have liberty to comply with any order
or directions or recommendations in connection with the carriage under
this contract given by any Government or Authority, or anybody acting or
purporting to act on behalf of such Government or Authority, or having
under the terms of the insurance on the Vessel the right to give such
orders or directions or recommendations.
(b) should it appear that the performance of the carriage would expose the
Vessel or any cargo onboard to risk of seizure, damage or delay, in
consequence of war, warlike operations, blockade, riots, civil commotions
or piracy, or any person on board to risk of loss of life or freedom, or
that any such risk has increased, the Master may discharge the cargo at
the Port of loading or any other safe and convenient port.
(c) Should it appear that epidemics, quarantine, ice, labour troubles,
labour obstructions, strikes, lockouts (whether onboard or on shore);
difficulties in loading or discharging would prevent the Vessel from
leaving the Port of loading or reaching or entering the Port of discharge
or there discharging in the usual manner and departing therefrom, all of
which safely and without unreasonable delay, the Master may discharge the
cargo at the Port of loading or any other safe and convenient port.
(d) The discharge, under the provisions of this Clause, of any cargo shall
be deemed due fulfilment of the contract of carriage.
(e) If in connection with the exercise of any liberty under this Clause
any extra expenses are incurred they shall be paid by the Merchant in
addition to the freight, together with return freight, if any, and a
reasonable compensation for any extra services rendered to the cargo.
15. Defences and Limits of Liability for the Carrier, Servants and Agents.
(a) It is hereby expressly agreed that no servant or agent of the Carrier
(which for the purpose of this Clause includes every independent
contractor from time to time employed by the Carrier) shall in any
circumstances whatsoever be under any liability whatsoever to the
Merchant under this contract of carriage, for any loss, damage or delay
of whatsoever kind arising or resulting directly or indirectly from any
act, neglect or default on his part while acting in the course of or in
connection with his employment.
(b) Without prejudice to the generality of the foregoing provisions in
this Clause, every exemption from liability, limitation, condition and
liberty herein contained and every right, defence and immunity of
whatsoever nature applicable to the Carrier or to which the Carrier is
entitled, shall also be available and shall extend to protect every such
servant and agent of the Carrier acting as aforesaid.
(c) The Merchant undertakes that no claim shall be made against any
servant or agent of the Carrier and, if any claim should nevertheless be
made, to indemnify the Carrier against all consequences thereof.
(d) For the purpose of all the foregoing provisions of this Clause the
Carrier is or shall be deemed to be acting as agent or trustee on behalf
of and for the benefit of all persons who might be his servants or agents
from time to time and all such persons shall to this extent be or be
deemed to be parties to this Contract of carriage.
16. Stowage.
(a) The Carrier shall have the right to stow cargo by means of containers,
trailers, transportable tanks, flats, pallets, or similar articles of
transport used to consolidate goods.
(b) The Carrier shall have the right to carry containers, trailers,
transportable tanks and covered flats, whether stowed by the Carrier or
receive by him in a stowed condition from the Merchant, on or under deck
without notice to the Merchant.
17. Shipper-Packed Containers, trailers, transportable tanks, flats and
pallets.
(a) If a container has not been filled, packed or stowed by the Carrier,
the Carrier shall not be liable for any loss of or damage to its contents
and the Merchant shall cover any loss of or damage to its contents and
the Merchant shall cover any loss or expense incurred by the Carrier, if
such loss, damage or expense has been caused by: (i) negligent filling,
packing or stowing of the container; (ii) the contents being unsuitable
for carriage in container; or (iii) the unsuitability or defective
condition of the container unless the container has been supplied by the
Carrier and the unsuitability or defective condition would not have been
apparent upon reasonable inspection at or prior to the time when the
container was filled, packed or stowed.
(b) The provisions of sub-clause (i) of this Clause also apply with
respect to trailers, transportable tanks, flats and pallets which have
not been filled, packed or stowed by the Carrier.
(c) The Carrier does not accept liability for damage due to unsuitability
or defective condition of reefer equipment or trailers supplied by the
Merchant.
18. Return of Containers.
(a) Containers, pallets or similar articles of transport supplied by or on
behalf of the Carrier shall be returned to the Carrier in the same order
and condition as handed over to the Merchant, normal wear and tear
excepted, with interiors clean and within the time prescribed in the
Carrier s tariff or elsewhere.
(b) The Merchant shall be liable to the Carrier for any loss, damage to,
or delay, including demurrage and detention incurred by or sustained to
containers, pallets or similar articles of transport during the period
between handing over to the Merchant and return to the Carrier.
ADDITIONAL CLAUSE U.S. Trade. Period of Responsibility. (i) In case the
Contract evidenced by this Bill of Lading is subject to the Carriage of
Goods by Sea Act of the United States of America, 1936 (U.S COGSA), then
the provisions stated in said Act shall govern before loading and after
discharge and throughout the entire time the cargo is in the Carrier s
custody and in which event freight shall be payable on the cargo coming
into the Carrier s custody. (ii) If the U.S. COGSA applies, and unless
the nature and value of the cargo has been declared by the shipper before
the cargo has been handed over to the Carrier and inserted in this Bill
of Lading, the Carrier shall in no event be or become liable for any loss
or damage to the cargo in an amount exceeding USD 500 per package or
customary freight unit.
