RULE: 8 - BILL(S) OF LADING Eff: 02NOV2010
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Effective |
02NOV2010 |
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Filed |
02NOV2010 |
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Filing Codes |
C |
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:
Trinity Bill of Lading -
1.DEFINITION
A. "Carrier" Means Trinity Logistics USA Inc.
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 (S) 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 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, both the Place of 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.
K. "Stuffed. includes filled, consolidated, packed, loaded or secured.
J. "Shipping Unit" includes freight unit and the term "Unit" as used in
the Hague Rules and the Hague-Visby Rules.
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 Merchant with the consent of the Carrier and
excess freight has been 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
A. Where Goods are received by the Carrier not in or on any container,
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 fully liable 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 consideration to
a third Party 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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