RULE: 8 - Bill(s) of Lading Eff: 26Mar1996
|
Effective |
26Mar1996 |
|
Filed |
20Feb1996 |
|
Filing Codes |
I |
1. (a) Except as otherwise provided herein, this Bill of
Lading shall have effect subject to the provisions of the
Carriage of Goods by See Act of the United States of
America, approved April 16, 1936. which shall be deemed a
surrender by the Carrier of any of its rights or
immunities or an increase of any of its responsibilities
or liabilities under said Act. The provisions stated in
said Act (except as otherwise specifically provided
herein shall govern before loading on and after
discharge form the vessel and throughout the entire time
the Goods are in the custody of the Carrier. If
this Bill of Lading is issued or delivered in a
locality where there is in force a compulsorily
applicable Carriage of Goods by Sea Act, Ordinance or
Statute of a nature similar to the international
Convention for the Unification of Certain Rules Relating
to Bills of Lading dated at Brussels, August 25, 1924,
it shall be sbuject to the provisions of said Act.
Ordinance or Statute and rules thereto annexed.
(b) The Carrier shall be entitled to the full benefit
of, and right to all limitations of, or exceptions from,
liability authorized by any provisions of Sections 4281
to 4288, inclusive, of the Revised Statutes of the United
States and amendments therto and of any other provisions
of the laws of the United States or of any other country
whose laws shall apply.
2. In this Bill of Lading:
(a) " Carrier" means and includes:
Carrier named on the face side hereof, the vessel, her
owner, Master, operator, demise charterer, and if bound
hereby, the time charterer and any substitute Carrier
whether the owner, operator, chartever or Master shall be
acting as carrier or bailee.
(b) " Vessel" means and includes the ocean vessel on
which the Goods are shipped, named on the face hereof, or
any substitute vessel, also any feedership, ferry, barge,
lighter or any other watercraft used by the Carrier in the
performance of this contract;
(c) "Merchant" means and includes the shipper, the
consignee, the receiver, the holder of his bill of lading,
the owner of the Goods or person entitled to the
possession of the Goods and the servants or agents of any
of these.
(d) "Charges means and includes freight and all expenses
and money obligations incurred and payable by the
Merchant;
(e) "Goods" means and includes the cargo received from
the shipper and described on the face side hereof and any
Container not supplied by or on behalf of the Carrier;
(f) "Container" means and includes any container, van,
trailer, transportable tank, flat, pallet or any similar
article of transport;
(g) "Person" means and includes an individual,
corporation, partnership or other entity as the case may
be.
(h) "Participating Carrier" means and shall include any
other water, land or air carrier performing any stage of
the combined Transport.
3. It is understood and agreed that other than the said
Carrier, no person whatsoever (including the Master,
officers and crew of the vessel, all servants, agents
employees representatives, and all stevedores, terminal
operators, crane operators, watchmen carpenters, ship
cleaners, surveyors and other independent contractors
whatsoever) is or shall be deemed to be liable with
respect to the goods as carrier, bailee or otherwise
howsoever, in contract or in tort. if, however, it
should be adjudged that any other than said carrier is
under any responsibility with respect to the Goods, all
limitations of and exonerations from liability provided
by law or by the terms hereof shall be available to such
other persons as herein described in contracting for the
foregoing exemptions, limitations and exonerations from
liability, the Carrier is acting as agent and trustee for
and on behalf of all persons described above, all whom
shall to this extent be deemed to be a party to this
contract evidenced by this Bill of Lading. It being
always understood that he said beneficiaries are not
entitled to any greater or further exemptions,
limitations or exonerations from liability than those
that the Carrier has under this Bill of Lading in any
given situation.
4. Subject to all rights, privileges and limitations of and
exonerations from liability granted to the ocean carrier
under this Bill of Lading or by law, any liability by the
respective participating carriers for loss or damage to
the Goods or packages carried hereunder shall be governed
by the following:
(a) If loss or damage occurs while the goods or packages
are in the custody of the ocean carrier, only the ocean
carrier shall be determined by the terms and conditions of
this Bill of Lading and any law compulsorily applicable.
(b) If loss or damage occurs while the Goods or packages
are in the custody of a participating domestic or foreign
Carrier. only the participating domestic or foreign
Carrier(s) shall be responsible therefor, and any
liability of such participating domestic or foreign
Carrier(s) shall be determined, in respective order, by
the terms, conditions and provisions of the applicable
participating domestic or foreign Carrier's Bill(s) of
Lading, whether issued or not, tariff(s) and law
compulsorily applicable in the circumstances.
(c) Notwithstanding subdivision (a) and (b) hereof, it is
contemplated that the Goods or packages will form time to
time be carried in through transportation that will
include inland transportation within the United Sates by
Railroad and sea carriage by one or more of the other
Carriers above defined (When used on or endorsed on this
Bill of Lading the words "on board" shall mean and
include on board the original carrying vessel when the
Goods or packages are being transported from the
continental Unite States to a foreign port or place "on
board" shall mean and include on board a rail car
operated by the originating carrier and enroute by rail to
the port of loading for loading on board the Carrier's or
or participating Carrier's vessel).
(d) If loss or damage occurs after receipt of the Goods
or package hereunder, and it cannot be determined form the
records of the ocean Carrier or Particpaing domestic or
foreign Carrier(s) whether such damage or loss occurred
during ocean, domestic or foreign carriage, it shall be
conclusively presumed that the loss or damage occurred
on board the vessel and while the Goods or packages were
in the custody of the ocean Carrier.
(e) At all times when the Goods or packages are in the
custody of the above-mentioned participating domestic or
foreign Carriers, such Carriers shall be entitled to all
the rights, defenses, exceptions from or limitations of
liability and immunities of whatsoever nature referred to
or incorporated herein applicable or granted to the
Carrier as herein defined, to the full extent permitted
to such domestic and foreign Carriers under this Bill(s)
of Lading, tariffs and any other laws applicable or
relating thereto, provided however, that noting contained
in this Bill of Lading shall be deemed a surrender by
these domestic or foreign Carriers of any of their rights
and immunities or an increase of their limitations of and
exonerations form liability under their said Bill(s) of
Lading, tariffs or laws applicable or relating to said
carriage.
(f) In making any arrangements for transportation by
participating domestic or foreign Carriers of the Goods or
packages carried hereunder, either before or after ocean
carriage. It is understood and agreed that the ocean
Carrier acts solely as agent of the Merchant, without any
other responsibiliy whatsoever, and it assumes no
responsibility as Carrier for such domestic or foreign
transportation.
(g) Notice of loss or damage and claim against the ocean
Carrier, where applicable, shall be give to the ocean
Carrier, and suit commenced as provided for in Clauses 30
and 31 hereof, notice of loss or damage against the
participating domestic of foreign Carrier(s), where
applicable, shall be filed with the participating domestic
or foreign Carrier(s) and suit commenced as provided for
in the terms, conditions and provisions of said Carrier(s)
Bill of Lading or by law applicable thereto. It is
understood by the Merchant that such terms, conditions and
provisions, as they pertain to notice of, and claim for,
loss or damage and commencement of suit, contain different
requirements than those requirements pertaining to ocean
Carriage as contained in Clauses 30 and 31 hereof.
5. The goods carried hereunder are subject to all the terms
and provisions of the Carrier's applicable Tariff or
Tariffs on file with the Federal Maritime Commission,
Interstate Commerce Commission or any other regualatory
body which governs a particular portion of this
carriage, and the terms and provisions of the said Tariff
or Tariffs are hereby incorporated herein as part of the
Terms and Conditions of this Bill of Lading Copies of
the relevant provisions of the applicable Tariff or
Tariffs are obtainable from the Carrier Federal
Maritime Commission, interstate Commerce Commission or
other regulatory body upon request in the event of any
conflict between the terms and provisions of such Tariff
or Tariffs and the Terms and Conditions of this Bill of
Lading, this Bill of Lading shall prevail.
6. The Merchant warrants that in agreeing to the Terms and
Conditions hereof, he is, or has the authority of, the
person owing and entitled to the possession of the Goods
and this Bill of Lading.
7. (a) The Carrier shall be entitled to sub-contract on any
terms the whole or any part of the carriage, loading,
unloading, storing, warehousing, handling and any and all
duties whatsoever undertaken by the Carrier in relation
to the Goods
(b) As to through transportation, the Carrier undertakes
to procure such services as necessary and shall have the
right at tits sole discretion to select any mode of land,
sea or air transport and to arrange participation by
other Carriers to accomplish the combined transport form
place of receipt to place of delivery. Whenever any
stage of the combined transport is accomplished by
any land or air Carrier or any other water Carrier, each
such stage shall be controlled according to any law
compulsorily applicable to such stage and according to
the contracts, rules and tariffs of each participating
Carrier, the same as if such contracts, rules and tariffs
were fully set forth herein.
8. The Carrier shall be entitled but under no obligation to
open any Container at any time and to inspect the
contents unless applicable law prohibits same. It is
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 of taking any measures in relation to the
Container or its contents or any part thereof, the
Carrier may abandon the transportation thereof and/or
take any measures and/or incur any reasonable additional
expense to carry or to continue the carriage or to store
the same shore or afloat under cover or in the open, at
any place which storage shall be deemed to constitute
due delivery under this Bill of Loading. The Merchant
shall indemnify the Carrier against any unreasonable
additional expense so incurred.
9. Carrier may containerize any Goods or packages,
Containers may be stowed on deck or under deck and when
so stowed shall be deemed for all purposes to be stowed
under deck, including for General Average and U.S.
Carriage of Goods by Sea Act, 1936 and similar
legislation.
10. Deck cargo(except, goods carried in containers on deck)
and live animals are received and carried solely at
Merchant's risk (including accident or mortality of
animatls). and the Carrier shall not in any event be
liable for any loss or damage thereto arising or
resulting form any matters mentioned in Section 4.
Sub-Section 2(a) to (p), inclusive, of the United States
Carriage of Goods by Seas Act, or from any other cause
whatsoever not due to the fault of the Carrier, any
warranty of seaworthiness in the premises being hereby
waived, and the Merchant, Except as provided above, such
shipments shall be deemed Goods sand shall be subject to
all terms and provisions of this Bill of Lading relating
to Goods.
11. Special containers with heating or refrigeration units
will not be furnished unless contracted for expressly
in writing at time of booking and, when furnished, may
entail an increased freight rate or charge. Shipper
shall advise Carrier of desired temperature range when
delivering Goods to Carrier and Carrier shall exercise
due diligence to maintain the temperature within a
reasonable range while the containers are in its custody
or control. The Carrier does not, however, accept any
responsibility for the functioning of heated or
refrigerated containers not owned or leased by Carrier.
12. The scope of the voyage herein contracted for shall
include usual or customary or advertised port of call
whether named in this contract or not, also ports in or
out of the advertised, geographical or usual route or
order, even though in proceeding thereto the vessel may
sail beyond the port of discharge named herein or in a
direction contary thereto, or return to the original port
or depart from the direct or customary route and includes
all canals, straits, and other waters. The vessel may
call at any port for the purpose of the current, prior
or subsequent voyages. The vessel may omit calling at
any port whether scheduled or not, and may call at the
same port more than once, may discharge the goods
during the first or subsequent call at the port of
discharge, may for matters occurring before or after
loading, and either with or without the goods on board,
and before or after proceeding towards the port of
discharge, adjust compasses, drydock with or without
cargo on board, stop for repairs, shift berths, make
trial trips or tests, take fuel or stores, remain in
port, lie on bottom, aground or at anchor, sail with
or without pilots, tow and be towed, and save or attempt
to save life or property, and all of the foregoing are
included in the contract voyage. The vessel may carry
contraband, explosives, munitions, warlike stores,
hazardous cargo, and sail armed or unarmed, and with
or without convoy.
The Carrier's sailing schedules are subject to change
without notice, both as to the sailing date and date of
arrival. If this is a Through Bill of Lading, no Carrier
is bound to transport the shipment by any particular
train, truck, aircraft, vessel or other means of
conveyance or in time for any particular market or
otherwise. No Carrier shall be liable for delay and any
Carrier shall have the right to forward the goods by
substitute Carrier.
13. If at any time the performance of the contract
evidenced by this Bill of Lading is or is likely to be
affected by any hindrance, risk delay, difficulty or
disadvantage of whatsoever kind which cannot be avoided by
the exercise or reasonable endeavours, the Carrier (wheth
-er or not the transport is commenced) may without notice
to the Merchant treat the performance of this contract as
terminated and place the Goods or any part of 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.
The Carrier shall 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 and storage at such place or port.
14. If the Carrier makes a special agreement, whether by
stamp hereon or otherwise, to deliver the Goods at a
specified dock or place, it is mutually agreed that such
agreement shall be construed to mean that the Carrier is
to make such delivery only if, in the sole judgment of
the Carrier, the vessel can get to lie at, and leave
said dock or place is available for immediate receipt of
the Goods and that otherwise the Goods shall be
discharged as otherwise provided in this Bill of Lading,
whereupon all responsibility of Carrier shall cease.
15. The port authorities are hereby authorized to grant a
general order for discharging immediately upon arrival
of the vessel and the Carrier, without giving notice
either of arrival or discharge, may immediately upon
arrival of the vessel at the designated destination,
discharge the goods continuously. Sundays and holidays
included, at all such hours by day or by night as the
Carrier may determine no matter what the state of the
weather or custom of the prot may be.
The Carrier shall not be liable in any respect
whatsoever if heat or refrigeration or special cooling
facilites shall not be furnished during loading or any
part of the time that the Goods are upon the wharf,
craft or other loading or discharging place.
Landing and delivery charges and pier dues shall be at
the expense of the Goods unless included in the freight
herein provided for. If the Goods are not taken away by
the consignee by the expiration of the next working day
after the Goods are the his disposal, the Goods may, at
Carrier's option and subject to Carrier's lien, be sent
to store or warehouse or be permitted to be where
landed, buy always at the expense and risk of the
Goods. The responsibilities of the Carrier in any
capacity shall altogether cease and the Goods shall be
considered to be delivered and at their own risk and
expense in every respect when taken into the custody of
Customs or other Authorities or into that of any
municipal or governmental concessionaire or depository.
The Carrier shall not be required to give any
notification of disposition of the Goods except as may
be otherwise provided in this Bill of Lading.
16. Act ports or places where, by local law, authorities,
or custom, the Carrier is required to discharge cargo
to lighters or other craft, or where it has been so
agreed, or where wharves are not available which the
ship can get to, lie at, or leave, always safely afloat,
or where conditions prevailing at the time render
discharge at a wharf dangerous, imprudent, or likely to
delay the vessel, the Merchant, shall promptly furnish
lighters or other craft to take delivery alongside the
ship, at the risk and expense of the Goods if the
Merchant, fails to provide such lighters or other
craft, Carrier, acting solely as agent for the
Merchant, may engage such lighters or other craft at
the risk and expense of the Goods Discharge of the
Goods into such lighters or other craft shall
constitute proper delivery, and any further
responsibility of Carrier with respect to the goods
shall thereupon terminate.
17. The Carrier shall have liberty to comply with any
order or directions or recommendations in connection
with the transport under this contract of carriage given
by any Government or Authority or anyone acting or
purporting to act on behalf of such Government or
Authority, or having, under the terms of the mortgage or
insurance on the vessel or other transport, the right
to give such orders, directions or recommendations
Discharge or delivery of the Goods in accordance with
the said order or directions or recommendations shall
be deemed a fulfillment of the contract.
Any extra expense incurred in connection with the
exercise of the Carrier's liberty under this clause
shall be paid by the Merchant in addition to freight
and charges.
18. Whenever the Carrier or Master may deem it advisable,
or in any case where goods are destined for port(s) or
place(s) at which the vessel or participating carriers
will not call the Carrier amy, without notice forward
the whole or any port of the shipment, before or after
loading at the original port of shipment, or any other
place or places even thought outside the scope of the
voyage or the route to or beyond the of discharge or the
destination the Goods, by water, by land, or by air, or
by any combination thereof, whether operated by the
Carrier or others and whether departing or arriving or
scheduled to depart or arrive before or after the ship
expected to be used for the transportation of the
shipment. The Carrier may delay forwarding awaiting a
vessel or conveyance in its own service shipment is
delivered to another Carrier or to a lighter. Port
Authority, warehouseman or other bailee for
transshipment, the liability of this Carrier shall
absolutely cease when the Goods are Goods again come
into its exclusive possession and the responsibility of
this Carrier during any such period shall be that of an
agent of the Merchant and this Carrier shall be without
any other responsibility whatsoever. The carriage by
any transshipping or on Carrier and all transshipment
or forwarding shall be subject to all the terms
whatsoever in the regular form of bill of lading,
consignment note, contract or other shipping document
at the time by the Carrier performing such transshipment
or forwarding.
19.In any situation whatsoever and wheresoever occurring and
whether existing or anticipated before commencement of
or during the combined transport, which in the judgment
of the Carrier of the combined transport, which in the
judgment of the Carrier or the Master is likely to give
rise to risk of capture, seizure, detention, damage,
delay or disadvantage or loss to the Carrier or any part
of the Goods, to make it unsafe, imprudent or unlawful
for any reason to receive, keep, load, or carry the
goods, or commence or proceed on or continue the
transport or to enter or discharge the goods or
disembark passengers at the port of discharge, or the
usual or agreed or intended place of discharge or
or to give rise to delay or difficulty in procceeding
difficulty in proceeding by the usual or intended
route, the Carrier or the Master may decline to
receive, keep, load or carry the Goods or may devan
container(s) contents or any part thereof and may
require the Merchant to take delivery of the Goods at
the place of receipt of any other point in the combined
transport and upon failure to do so, may warehouse the
Goods at the risk and expense of the Goods, or the
vessel, whether or not proceeding towards or entering
or attempting to enter a port of discharge, or reaching
or attempting to reach a usual place of discharge
therein or attempting to discharge the shipment, may
discharge the goods and/or devan the contents of any
container(s) at another port, deport, lighter, craft, or
other place, or may forward or transship them as
provided in this Bill of Lading, or the Carrier or the
Master may retain the Goods, vanned or unvanned, on
board until the return of the vessel to the port of
loading or to the port of discharge or until such time
as the Carrier or the Master thinks advisable and
discharge the Goods at any place whatsoever as herein
provided. The Carrier or the Master is not required to
give notice of such devanning or of discharge of the
Goods or of the forwarding thereof as herein provided.
When the Goods are discharged form the ship, as herein
provided, such shall be at the risk and expense of the
Goods. Such discharging shall constitute complete
delivery and performance under this contract and the
Carrier shall be free form any further responsibility,
unless it be shown that any loss or damage to the Goods
arose from Carrier's negligence in the discharge and
delivery as herein provided, the burden of establishing
such negligence being on the Merchant, For any service
rendered to the Goods as herein above provided or for
any delay or expense to the vessel caused as a result
thereof, the Carrier shall be entitled to a reasonable
extra compensation, and shall have a lien on the goods
for such carriage. Notice of disposition of the Goods
shall be mailed to shipper or consignee named in this
Bill of Lading. Goods shut out from the vessel named
herein for any cause may be forwarded on a subsequent
vessel of this Line or, at Carrier's option, on a vessel
of another Line or by other mode of transportation.
20. Notwithstanding the foregoing, the Carrier shall
neither be liable therefor, nor concluded as to, the
correctness of any such marks, descriptions or
representations.
When any cargo unit owned or leased by Carrier is
packed or loaded by shipper or is agent, or discharged
by consignee or its agent, shipper, consignee, receiver,
holder of this Bill of Lading, owners of the Goods and
person entitled to the possession of the Goods shall be
and remain liable, jointly and severally, for any loss
or damage to the cargo unit during such loading or
discharge, howsoever occurring, until the cargo unit is
returned to Carrier's custody and, at tariff rates,
for any delay beyond the time allowed for such loading
or discharge, and for any loss, damage or expense
incurred by Carrier as a result of the failure to return
the cargo unit to the Carrier in the same sound
condition and state of cleanliness as when received
by shipper. Such loss, damage, expense or delay shall
constitute lien on the Goods.
Where a cargo unit is to be unpacked or unloaded
by consignee or its agent, consignee or its agent shall
promptly unpack or unload such cargo unit and take
delivery of its contents, irrespective of whether the
Goods are damaged or not Carrier shall not be liable
for loss or damage caused to the Goods by or during such
unpacking or unloading.
21. When containers, vans, trailers, transportable tanks,
flats, palletized units, and all other packages (all
hereinafter referred to generically as "cargo units")
are not packed or loaded by Carrier, such cargo units
shall be deemed shipped as "Shipper's weight, load and
count "Carrier has no reasonable means of checking the
quantity, weight, condition or existence of the
contents thereof, does not represent the quantity,
weight, condition or existence of the contents thereof,
does not represent the quantity, weight, condition or
existence of such contents, as furnished by the shipper
and inserted in this Bill of Lading, to be
accurate and shall not be liable for nonreceipt or
misdescription of such contents. Carrier shall have
no responsibility or liability whatsoever therefor or
for the packing, loading, securing and/or stowage of
contents of such cargo units, or for loss or damage
caused thereby or resulting therefor, or for the
physical suitability or structural adequacy of such
cargo units properly to contain their contents.
The Merchant, whether principal or agent, by packing or
loading the cargo unit and/or by allowing the cargo
unit to be so packed or loaded, represents, guarantees
and warrants; (a) that the Goods properly described,
marked and safely and securely packed in other respect-
ive cargo units, that such cargo units are physically
suitable, sound and structurally adequate properly to
contain and support the goods during handling and on
the transport, and that the cargo units may be handled
in the ordinary course without damage to themselves or
to their contents, or to the vessel or conveyance or to
their other cargo, or property, or persons, (b) that
all particulars with regard to the cargo units and
their contents, and the weight of each said cargo unit,
are in all respects correct, and (c) that they have
ascertained and fully disclosed in writing to the
Carrier and all participating Carriers on or prior to
to shipment, and condition, ingredient or characterist
-ic of the Goods which might indicate that they are
inflammable, explosive, corrosive, radiocative,
noxious, hazardous or dangerous in nature, or which
might cause damage, injury or detriment to the Goods,
or to the vessel, conveyance or other cargo or to
property or persons that they have complied fully with
all statutes, ordinances and regulations of the
Department of Transportation of the United States of
America and all other regulatory bodies with respect to
labeling, packaging and preparation for shipment of all
such Goods.
The shipper, consignee, receiver, holder of this Bill
of Lading, owner of the Goods and persons entitled to
the possession of the Goods joinly and severally agree
fully to protect and indemnify Carrier, and to hold it
harmless in respect of any injury or death of andy
person or loss or damage to cargo or cargo unit or any
other property, or to the vessel or conveyance or
expense or fine arising out of in any way connected with
breach of any of the foregoing representations or
warranties, howsoever occurring, even without fault
of shipper, consignee and/or owner of the Goods and even
though such injury, death loss or damage is caused in
whole or in part by the fault of the Carrier or
unseaworthiness.
22. The Merchant and the Goods themselves shall be liable
for and shall indemnify the Carrier and the Carrier
shall have a lien on the Goods for all expenses of
mending., repairing, fumigating, repacking, coopering,
baling reconditioning of the Goods and gathering of
contents of packages, also for expenses for repairing
containers damaged while in the possession of the
Merchant for demurrage on containers and any payment,
expense, fine, dues, duty, tax impost, loss, damage or
detention sustained or incurred by or levied upon the
Carrier, vessel or conveyance in connection with the
goods, howsoever caused, including any action or
requirement of any government or governmental authority
or person purporting to act under the authority
thereof, seizure under legal process or attempted
seizure, incorrect of insufficient marking, numbering
or addressing of containers, packages or description of
the contents, failure of the Merchant to
procure consular, Board of Health or other certificates
to accompany the Goods or to comply with laws or
regulations or any kind imposed with respect to the
Goods by the authorities at any port or place or any act
or omission of the Merchant. The Carrier's lien shall
survive delivery and may be enforced by private or
public sale and without notice.
23. Freight shall be payable, at Carrier's option, on
actual gross intake weight or measurement or on actual
gross discharge weight or measurement or on a value or
other basis. Freight may be calculated on the basis of
the particulars of the goods furnished by the shipper
herein, but the Carrier may, as previously stated
herein, at any time open the packages or containers and
examine, weight, measure and value the Goods
(unless applicable law prohibits same). In case
shipper's particulars are found to be erroneous and
additional freight payable, the Merchant and the
Goods shall be liable for any expense incurred for
examining, weighing, measuring and valuing the goods.
Full freight shall be paid on damaged or unsound goods.
Full freight hereunder to place of delivery named
herein and advance charges
(including on-Carrier;s) shall be considered completely
earned on receipt of the Goods by the Carrier, whether
the Freight be stated or intended to be prepaid or to be
collected at destination; and the Carrier shall be
entitled to all freight and charges, extra compensation,
demurrage, detention, General Average, claims and any
other payments made and liability incurred with respect
to the Goods, whether actually paid or not, and to
receive and retain them irrevocably under all
circumstances whatsoever, vessel, conveyance and/or
cargo lost, damaged or otherwise, or the combined
transport changed, frustrated abandoned in case of
forced abandonment or interruption of the combined
transport for any cause, any forwarding of the goods or
any part thereof shall be at the risk and expense of
the Goods. All unpaid charges shall be paid in full,
without any offset, counterclaim or deduction in the
currency of the place of receipt, or at Carrier's
option, in the currency of the place of delivery at the
demand rate of New York exchange as quoted on day of
arrival of the Goods at the place of delivery.
The Merchant shall be jointly and severally liable to
the Carrier for the payment of all freight charges and
the amounts due to the Carrier, and for any failure of
either or both to perform his or their obligations under
the provisions of this Bill of Lading, and they shall
indemnify the Carrier against, and hold it harmless
from, all liability, loss, damage and expense which the
Carrier may sustain or incur arising or resulting from
any such failure of performance by the Merchant,
Any person, firm or corporation engaged by any party to
perform forwarding services with respect to the cargo
shall be considered the exclusive agent with respect to
the cargo shall be considered the exclusive agent of the
Merchant for all purposes and any payment of freight to
such person, firm or corporation shall not be considered
payment to the Carrier in any event. Failure of such
per, firm or corporation to pay any part of the freight
to the Carrier shall have a lien on the Goods and any
documents relating thereto, which shall survive
delivery, for all freight charges and damages of any
kind whatsoever, and for the costs of recovering same,
including expenses incurred in preserving this lien, and
may enforce this line by public or private sale and
without notice. The shipper consignee, receiver, holder
of this Bill of Lading, owner of the Goods and person
entitled to the possession of the Goods shall be joinly
and severally liable to the Carrier for the payment
of all freight, charges and damages as aforesaid and for
the performance of this obligations of each of them
hereunder.
24. Carrier shall not be liable for any consequential or
special damages and shall have the option of replacing
lost Goods or repairing damaged Goods.
25. The weight or quantity of any bulk cargo inserted in
this Bill of Lading is the weight or quantity as
ascertained by a third party other than the Carrier, and
Carrier makes no representation with regard to the
accuracy thereof. This Bill of Lading shall not be
deemed evidence against the Carrier of receipt of goods
of the weight or quantity so inserted in the Bill of
Lading.
26. Neither the Carrier nor any corporation owned by,
subsidiary to or associated or affiliated with the
Carrier shall be liable to answer for or make good any
loss or damage to the goods occurring at any time and
even thought before loading on or after discharge form
the ship, by reson or by means of any fire whatsoever,
unless such fire shall be cause by its design or
neglect, or by its actual fault or privity. In any case
where this exemption is not permitted by law, Carrier
shall not be liable or loss or damage by fire unless
shown to have been caused by Carrier's negligence.
27. If the vessel comes into collision with another vessel
as a result of the fault or negligence of the other
vessel and any act, neglect or default of the Carrier,
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
owners insofar as such loss or liability represents
loss, of or damage to, or any claim whatsoever of the
Merchant, paid or payable by the other or
non-carrying vessel or her owners to the Merchant and
set-off, recouped or recovered by the other or
non-carring vessel or her owners as part of their claim
against the carring vessel or Carrier.
The foregoing provisions shall also apply where the
owners, operators or in addition to, the colliding
vessels or objects are at fault in respect of a
collision, contact, stranding, or other accident.
This provision is to remain in effect in other
jurisdictions even if unenforceable in the Courts of
the United States of America.
28. General average shall be adjusted, stated and settled
according to York-Antwerp Rules 1974, except rule XII
thereof, at such port or place as may be selected by the
Carrier and as to matters not provided for by these
Rules, according to the laws and usages of New York.
In such adjustment, disbursements in foreign currencyes
shall be exchanged into United States money at the rate
prevailing on the dates made and allowances for damage
to cargo claimed in foreign currency shall be converted
at the rate prevailing on the last day of discharge at
the port or place of final discharge of such damaged
cargo from the ship. Average agreement or bond and such
additional security as may be required by the Carrier
must be furnished before delivery of the goods. Such
case deposit as the Carrier or his agents may deem
sufficient as additional security for the contribution
of the goods and for any salvage and special charges
thereon shall,if required, be made by the Goods,
shippers, consignees or owneres of the goods to the
Carrier before delivery of the Goods.
Notwithstanding anything hereinbefore contained, such
shall at the option of the Carrier be payable in
United States currency and be remitted to the adjuster
pending settlement of the General Average and refunds of
Credit balances, if any, shall be paid in United
States currency. In addition to the circumstances dealt
with in the 1974 York-Antwerp Rules, it is agreed that
the Carrier has used due diligence in the ownege of
cargo and if the safe prosecution of the voyage is
thereafter imperiled in consequence of the disturbance
of stowage, the costs of handling, discharge, reloading
and restowing cargo shall be allowed in General Average
, even though the handling of cargo is not necessary
for the purpose of effecting repairs to the vessel.
In the event of accident, danger or disaster, before or
after commencement of the voyage resulting form any
cause whatsoever, whether due to negligence or not for
which of for the consequence of which, the Carrier is no
responsible by statute, contract or otherwise, the
Goods, the shipper, consignee, receiver, holder of this
Bill of Lading, owner of the Goods and person entitled
to the possession of the Goods, jointly and severally,
shall contribute with the Carrier in General Average to
the payment of any sacrifices, loss or expenses of
a General Average nature that may be made or incurred
and shall pay salvage and special charges incurred in
respect of the Goods.
If a salving ship is owned or operated by the Carrier,
salvage shall be paid for as fully and in the same
manner as if such salving ship or ships were owned or
operated by strangers. Cargo's contribution in general
Average shall be paid to the shipowner even when such
average is the rsult of fault, neglect or error of the
Master, pilot, officers or crew. The Merchant expressly
renounces any and all code statutes, laws or regulations
which might otherwise apply.
29. In case of any loss or damage to or in connection with
Goods exceeding in actual value the equivalent of $500
lawful money of the United States, per package, or in
case of Goods not shipped in packages, per shipping
unit, the value of the Goods shall be deemed to be
$500 per package or per shipping unit. The Carrier's
liability, if any, shall be determined on the basis of a
value or $500 per package or per shipping unit or pro
rata in case of partial loss or damage, unless the
nature of the Goods and a valuation higher than $500
per package or package or per shipping unit shall
have been declared by the shipper before shipment and
inserted in this Bill of Lading, and extra freight
paid if required. In such case, if the actual value of
the Goods per package or per shipping unit shall exceed
such declared value, the value shall nevertheless be
deemed to be 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 rate on
the basis of such declared value. The words
"shipping unit" shall mean each physical unit or
piece of cargo not shipped in a package, including
articles or things of any description whatsoever,
except goods shipped in bulk, and irrespective of the
weight or measurement unit employed in caluclating
freight charges.
When containers, vans, trailers, transportable tanks,
flats, palletized units and other such packages are not
packed by the Carrier, each individual such container,
van trailer, transportable tank, palletized unit and
other such package including in each instance its
contents, shall be deemed a single package and Carrier;s
liability limited to $500 with respect to each such
package.
30. As to loss or damage to the Goods or packages occurring
or presumed to have occurred during ocean voyage, unless
notice of loss of or damage and the general nature of it
be given in writing to the Carrier or its agent at the
port of delivery before or at the time of the removal of
the Goods or packages into the custody of the person
entitled to delivery thereof under this Bill of Lading
or, if the loss or damage be not apparent, within three
consecutive days after delivery at the port of
discharge, such removal shall be prima facie evidence of
the delivery by the Carrier of the Goods or packages as
described in this Bill of Lading.
31. As to loss or damage to the Goods or package occurring
or presumed to have occurred during ocean carriage, the
Carrier and the vessel shall be discharged form all
liability in respect of loss, damage, misdelivery, delay
or in respect of any other breach of this contract and
any claim whatsoever with respect to the Goods or
packages, unless suit is brought within one year after
delivery of the Goods or package or the date when the
Goods or package should have been delivered.
Suite shall not be deemed brought unless jurisdiction
shall have been obtained over the Carrier and/or the
vessel by service of process or by an agreement to
appear.
32. Gold, silver, specie, bullion or other valuables,
including those named or described in Sec. 4281 of the
Revised Statutes of the Unite States, will not be
received by the Carrier unless their true character and
value are disclosed to the Carrier and a special written
agreement therefor has been made in advance, and will
not, in any case, be loaded or landed by the Carrier.
No such valuables shall be considered received by or
delivered to the Carrier until brought aboard the
ship by the shipper and put in the actual possession of
and a written receipt therefor is given by the Master or
other officer in charge. Such valuables will only be
deliver by the Carrier aboard the ship on presentation
of bills of lading properly endorsed and upon such
delivery on board the Carrier's responsibility shall
cease. If delivery is not so taken promptly after the
ship's arrival at the port of discharge, the goods may
be retained aboard or landed or carried on, solely at
the risk and expense of the goods.
33. It is agreed that superficial rust, oxidation or any
like condition due to moisture, is not a condition of
damage but is inherent to the nature of the cargo, and
acknowledgement of receipt of the Goods in apparent good
order and condition is not a representation that such
conditions of rust, oxidation and the like did not exist
on receipt.
34. Nothing in this Bill of Lading shall operate to deprive
the Carrier of any statutory protection or exemption
from, or limitation of, liability, contained in the laws
of the United States, or in the laws of any other
country which may be applicable. This Bill of Lading
shall be construed according to the laws of the United
States and the Merchant agrees that any suits against
the Carrier shall be brought in the Federal Courts of
the United Stated. The terms of this Bill of Lading
shall be separable, and if any part or term hereof shall
be held invalid, such holding shall not affect the
validity or enforceability of any other part or term
hereof.
Table Of Contents
