Effective	07NOV2016
Filed	07NOV2016
Filing Codes	S
Case No	010622

All cargo transported under the rates, charges, terms and conditions
named in this Tariff, in NRAs or in Rate Tariffs governed by this
Tariff, shall be held, carried and delivered SBJ to the provisions of
Carrier's applicable Long Form B\L, the terms and conditions of which
are shown below.
     
a. When issued, all B/Ls MUST show the name and address of
   both the Shipper/Consignor and the Consignee; the total
   weight and total measurement of each piece, package or
   unit of cargo in the shipment, except in the case of FCL
   shipments, only the total shipment weight and
   measurement must be shown; and on shipments consigned
   "TO ORDER," the 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:
     
STANDARD CONDITIONS GOVERNING VTG Tanktainer GMBH COMBINED TRANSPORT
  BILLS 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.
  
The headings set forth below are for easy reference only.
CONDITIONS
  
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, contrary to the original
intention of the parties, 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 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 of 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 a dangerous 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 provide 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 unlike manner be
unloaded or landed at any place or destroyed or 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 occurring 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 omission of the Merchant, of 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
packing 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 labor,
the consequences of which the Freight Forwarder could not
\void by the exercise of reasonable diligence.
  
       f) Any course or event which the Freight Forwarder
could not avoid of 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 for 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 Clauses
    The Hague Rules contained in the International
Convention for the unification of certain rules relating to
Bills of Lading, dated Brussels 25th August 1924, or in
those countries where they are already enforce 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 such
price, according to the current market 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 weight 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.  Defenses
  
10.1 The defenses 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 defenses and limits of liability which the Freight
Forwarder is entitled to invoke under these Conditions.
  
11.2 However, if it is proved that 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 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 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 Forwarder 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 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 Forwarder 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
majeures.
  
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 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 paragraph 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 are not apparent, within three
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.
     In case of consignee and/or receiver of the goods
fails giving notice to the Freight Forwarder within three
days of delivery of any loss or damage of the goods
     a) the claimant has to prove responsibility to the
Freight Forwarder and
     b) the Freight Forwarder gets the right and
opportunity to survey the damage claimed.
  
18.  Non delivery
     Failure to effect delivery within 90 days after the
expiration 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 Conditions, unless suits
is brought within twelve months after
     (I)    the deliver 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
     All suits and claims against the Freight Forwarder
must be brought before the courts of Hamburg, Federal
Republic of Germany, and shall be decided according to
German law.

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