RULE: 8 - BILL(S) OF LADING Eff: 15Jan1994
| Effective | 15Jan1994 |
|---|---|
| Filed | 13Dec1993 |
| Filing Codes | I |
BILL OF LADING
Definitions: "Merchant" means and includes the Shipper,
the Consignor, the Consignee, the Holder of
this Bill of Lading, the Receiver and the
Owner of the Goods. "The Freight Forwarder"
means the issuer of this Bill of Lading as
named on the face of it.
CONDITIONS
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1. Applicability
Notwithstanding the heading "Combined Transport Bill of
Lading", the provisions set out and referred to in this
document shall also apply if the transport as described
on the face of the Bill of Lading, is performed by one
mode of transport only.
2. Issuance of the "Combined Transport Bill of Lading"
2.1 By the issuance of this "Combined Transport Bill of
Lading", the Freight Forwarder:
a) undertakes to perform and/or in his own name to
procure the performance of the entire transport, from
the place at which the goods are taken in charge to
the place designated for delivery in this Bill of
Lading.
b)assumes liability as set out in these Conditions.
2.2 For the purposes and subject to the provisions of this
Bill of lading, the Freight Forwarder shall be
responsible for the acts and omissions of any person
of whose services he makes use for the performance of
the contract evidenced by this Bill of Lading.
3. Negotiability and title to the goods
3.1 By accepting this Bill of Lading the Merchant and his
transferees agree with the Freight Forwarder that,
unless it is marked "non-negotiable", it 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 herein mentioned.
3.2 This Bill of Lading shall be prima facie evidence of
the taking in charge by the Freight Forwarder 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
consideration to a third party acting in good faith.
4. Dangerous Goods and Indemnity
4.1 The merchant shall comply with rules which are
mandatory according to the national law or by reason of
international convention, relating to the carriage of
goods of a dangerous nature, and shall in any case
inform the Freight Forwarder in writing of the exact
nature of the danger, before goods of adangerous
nature are taken in charge by the Freight Forwarder
and indicate to him, if need be, the precautions to be
taken.
4.2 If the Merchant fails to porvide such information and
the Freight Forwarder is unaware of the dangerous
nature of the goods and the necessary precautions to
be taken and if, at any time, they are deemed to be
a hazard to life or property, they may at any place be
unloaded, destroyed or rendered harmless, as
circumstances may require, without compensation, and
the Merchant shall be liable for all loss, damage,
delay or expenses arising out of their being taken in
charge, or their carriage, or of any service
incidental thereto.
The burden of proving the Freight Forwarder knew the
exact nature of the danger constituted by the carriage
of the said goods shall rest upon the person entitled
to the goods.
4.3 If any goods shipped with the knowledge of the Freight
Forwarder as to their dangerous nature shall become a
danger to the vehicle or cargo, they may in like
manner be unloaded or landed at any place or destroyed
rendered innocuous by the Freight Forwarder, without
liability on the part of the Freight forwarder, except
to General Average, if any.
5. Description of Goods and Merchant's Packing
5.1 The consignor shall be deemed to have guaranteed to the
Freight Forwarder the accuracy, at the time the goods
were taken in charge by the Freight Forwarder, of the
description of the goods, marks, number, quantity,
weight and/or volume as furnished by him, and the
Consignor shall indemnify the Freight Forwarder
against all loss, damage and expenses arising or
resulting from inaccuracies in or inadequacy of such
particulars. The right of the Freight Forwarder to
such indemnity shall in no way limit his
responsibility and liability under this Bill of Lading
to any person other than the Consignor.
5.2 Without prejudice to Clause 6(A)(2)(c), the Merchant
shall be liable for any loss, damage or injury caused
by faulty or insufficient packing of goods or by
faulty loading or packing within containers and
trailers and on flats when such loading or packing has
been performed by the Merchant or on behalf of the
Merchant by a person other than the Freight Forwarder,
or by the defect or unsuitability of the containers,
trailers or flats, when supplied by the Merchant, and
shall indemnify the Freight Forwarder against any
additional expenses so caused.
6. Extent of Liability
A.1) The Freight Forwarder shall be liable for loss of
or damage to the goods occuring between the time
when he takes the goods into his charge and the
time of delivery.
2) The Freight Forwarder shall, however, be relieved
of liability for any loss or damage if such loss
or damage was caused by:
a) an act or ommission of the merchant, or person
other than the Freight Forwarder acting on behalf
of the Merchant or from whom the Freight Forwarder
took the goods in charge.
b) insufficiency or defective condition of the
packaging or marks and/or numbers;
c) handling, loading, stowage or unloading of the
goods by the Merchant or any person acting on
behalf of the Merchant;
d) inherent vice of the goods;
e) strike, lockout, stoppage or restraint of labour,
the consequences of which the Freight Forwarder
could not avoid by the exercise of reasonable
diligence;
f) any cause or event which the freight Forwarder
could not avoid and the consequences whereof he
could not prevent by the exercise of reasonable
diligence;
g) a nuclear incident if the operator of a nuclear
installation or a person acting for him is liable
or this damage under an applicable international
Convention or national law governing liability in
respect of nuclear energy.
3) The burden of proving that the loss or damage was
due to one or more of the above causes or events
shall rest upon the Freight Forwarder.
When the Freight Forwarder establishes that, in
the circumstances of the case, the loss or damage
could be attributed to one or more of the causes
or events specified in b) to d) above, it shall be
presumed that it was so caused. The claimant
shall, however, be entitled to prove that the loss
or damage was not, in fact, caused wholly or
partly by one or more of these causes or events.
B. When in accordance with clause 6.A.1 the Freight
Forwarder is liable to pay compensation in respect
of loss or damage to the goods and the stage of
transport where the loss or damage occurred is
known, the liability of the Freight Forwarder in
respect of such loss or damage shall be determined
by the provisions contained in any international
Convention or national law, which provisions
(i) cannot be departed from by private contract, to
the detriment of the claimant, and
(ii)would have applied if the Claimant had made a
separate and direct contract with the Freight
Forwarder in respect of the particular stage of
transport 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.
7.Paramount clause
The Hague rules contained in the International
Convention for te unification of certain rules relating
to Bills of Lading, dated Brussels 25th August 1924, or
in those countries where they are already in force the
Hague-visby Rules contained in the Protocol of Brussels,
dated February 23rd 1968, as enacted in the Country of
shipment, shall apply to all carriage of goods by sea
and, where no mandatory international or national law
applies, to the carriage of goods by inland waterways
also, and such provisions shall apply to all goods
whether carried on deck or under deck.
8.Limitation Amount
8.1 When the Freight forwarder is liable for compensation
in respect of loss of or damage to the goods, such
compensation shall be calculated by reference to the
value of such goods at the place and time they are
delivered to the Consignee in accordance with the
contract or should have been so delivered.
8.2 The value of the goods shall be fixed according to the
current commodity exchange price, or, if there be no
commodity exchange price or current market price, by
reference to the normal value of goods of the same
kind and quality.
8.3 Compensation shall not, however, exceed 2 SDR(Special
Drawing Rights) per kilo of gross weigth of the goods
lost or damaged, unless, with the consent of the
Freight Forwarder, the Merchant has declared a higher
value for the goods and such higher value has been
stated in the CT Bill of Lading, in which case such
higher value shall be the limit. However, the Freight
Forwarder shall not, in any case, be liable for an
amount greater than the actual loss to the person
entitled to make the claim.
9. Delay, consequential Loss, etc.
Arrival times are not guaranteed by the Freight
Forwarder. if the Freight Forwarder is held liable in
respect of delay, consequential loss or damage other
than loss of or damage to the goods, the liability of
the Freight Forwarder shall be limited to double the
freight for the transport covered by this Bill of
Lading, or the value of the goods as determined in
Clause 8, whichever is the less.
10.Defences
10.1 The defences and limits of liability provided for in
these Conditions shall apply in any action against the
Freight Forwarder for loss of or damage or delay to
the goods whether the action be founded in contract or
in tort.
10.2 The Freight Forwarder shall not be entitled to the
benefit of the limitation of liability provided for
in paragraph 3 of clause 8 if it is proved that the
loss or damage resulted from an act or omission of
the Freight Forwarder done with intent to cause damage
or recklessly and with knowledge that damage would
probably result.
11. Liability of servants and Sub-contractors
11.1 If an action for loss of or damage to the goods is
brought against a person referred to in paragraph 2
of clause 2, such person shall be entitled to avail
himself of the defences and limits of liability which
the Freight Forwarder is entitled to invoke under
these Conditions.
11.2 However, if it is proved that the loss or damage
resulted from an act or omission of this person, done
with intent to cause damage or recklessly and with
knowledge that damage would probably result, such
person shall not be entitled to benefit of limitation
of liability provided for in paragraph 3 of clause 8.
11.3 Subject to the provisions of paragraph 2 of clause 10
and paragraph 2 of this Clause, the aggregate of the
amounts recoverable from the Freight Forwarder and
the persons referred to in paragraph 2 of clause 2
shall in no case exceed the limits provided for in
these Conditions.
12. Method and Route of Transportation
The Freight Forwarder reserves to himself a reasonable
liberty as to the means, route and procedure to be
followed in the handling, storage and transportation
of goods.
13. Delivery
If delivery of the goods or any part thereof is not
taken by the Merchant, at the time and place when and
where the Freight Forwarder is entitled to call upon
the Merchant to take delivery thereof, the Freight
Forwarder shall be entitled to store the goods or the
part thereof at the sole risk of the Merchant, where
upon the liability of the Freight Fowrarder in respect
of the goods or that part thereof stored as aforesaid
(as the case may be) shall wholly cease and the cost
of such storage (if paid by or payable by the Freight
Forwarder or any agent or sub-contractor of the
Freight Forwarder) shall forthwith upon demand be paid
by the Merchant to the Freight Forwarder.
14. Freight and Charges
14.1 Freight shall be paid in cash without discount and,
whether prepayable or payable at destination, shall
be considered as earned on receipt of the goods and
not to be returned or relinquished in any event.
14.2 Freight and all other amounts mentioned in this Bill
of Lading are to be paid in the currency named in the
Bill of Lading or, at the Freight Forwarder's option
in the currency of the country of dispatch or
destination at the highest rate of exchange for
bankers sight bills current for prepayable freight on
the day of dispatch and for freight payable at
destination on the day when the Merchant is notified
of arrival of the goods there or on the date of
withdrawal of the delivery order, whichever rate is
the higher, or at the option of the Freight Forwarder
on the date of the Bill of Lading.
14.3 All dues, taxes and charges or other expenses in
connection with the goods shall be paid by the
Merchant.
14.4 The Merchant shall reimburse the Freight Forwarrder
in proportion to the amount of freight for any costs
for deviation or delay or any other increase of costs
of whatever nature caused by war, warlike operations,
epidemics, strikes, government directions or force
majeur.
14.5 The Merchant warrants the correctness of the
declaration of contents, insurance,
weight, measurements or value of the goods but the
Freight Forwarder reserves the right to have the
contents inspected and the weight, measurements or
value verified. If on such inspection it is found
the declaration is not correct it is agreed that a
sum equal either to five times the difference between
the correct figure and the freight charged, or to
double the correct freight less the freight charged,
whichever sum is the smaller, shall be payable as
liquidated damage to the Freight Forwarder for his
inspection costs and losses of freight on other goods
notwithstanding any other sum having been stated on
the Bill of Lading as freight payable.
15. Lien
The Freight Forwarder shall have a lien on the goods
for any amount due under this Bill of Lading including
storage fees and for the cost of recovering same, and
may enforce such lien in any reasonable manner which
he may think fit.
16. General Average
The Merchant shall indemnify the Freight Forwarder in
respect of any claims of a General Average nature which
may be made on him and shall provide such security as
may be required by the Freight Forwarder in this
connection.
17. Notice
Unless notice of loss of or damage to the goods and
the general nature of it be given in writing to the
Freight Forwarder or the persons referred to in
paragarph 2 of Clause 2, at the place of delivery
before or at the time of the removal of the goods into
the custody of the person entitled to delivery thereof
under this Bill of Lading, or if the loss or damage be
no apparent, within seven consecutive days thereafter,
such removal shall be prima facie evidence of the
delivery by the Freight Forwarder of the goods as
described in this Bill of Lading.
18. Non delivery
Failure to effect delivery within 90 days after the
expiry of a time limit agreed and expressed in a CT
Bill of Lading or, where no time limit is agreed and
so expressed, failure to effect delivery within 90
days after the time it would be reasonable to allow
for diligent completion of the combined transport
operation shall, in the absence of evidence to the
contrary, give to the party entitled to receive
delivery, the right to treat the goods as lost.
19. Time Bar
the Freight Forwarder shall be discharged of all
liability under the rules of these Conditins, unless
suit is brought within nine months after
(i) the delivery of the goods, or
(ii) the date when the goods should have been
delivered, or
(iii) the date when in accordance with Clause 18,
failure to deliver the goods would, in the
absence of evidence to the contrary, give to the
party entitled to receive delivery, the right to
treat the goods as lost.
20. Jurisdiction
Actions against the Freight Forwarder may only be
instituted in the country where the Freight forwarder
has his principal place of business and shall be
decided according to the law of such country.
