RULE: 8 - BILL(S) OF LADING TERMS AND CONDITIONS Eff: 11SEP2025
| Effective | 11SEP2025 |
|---|---|
| Filed | 11SEP2025 |
| 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:
COMBINED TRANSPORT BILL OF LADING Notwithstanding the heading "Combined
Transport Bill of Lading," the provisions set out and referred to in this
document shall also apply if the transport as described on the face of the
Bill of Lading is performed by one mode of transport only. These
provisions constitute a contract between Merchant and Carrier and may be
used by Carrier only with the consent of the National Customs Brokers and
Forwarders Association of America, Inc.
(1) CLAUSE PARAMOUNT: All carriage under this Bill of Lading to or from
the United States shall have effect subject to the provisions of the
Carriage of Goods by Sea Act of the United States, 46 U.S.C. sections
1300-1315 (hereafter, "COGSA"). All carriage to and from other States
shall be governed by the law of any state making the Hague Rules or
Hague-Visby Rules compulsorily applicable to this Bill of Lading or if
there be no such law, in accordance with the Hague Rules. The provisions
of applicable law as set forth above shall apply to carriage of goods by
inland waterways and reference to carriage by sea in such Rules or
legislation shall be deemed to include reference to inland waterways.
Except as may be otherwise specifically provided herein, said law shall
govern before the goods are loaded on and after they are discharged from
the vessel whether the goods are carried on deck or under deck and
throughout the entire time the goods are in the custody of the carrier.
(2) DEFINITIONS:
2.1 "Ship" means the vessel named in this Bill of Lading,
or any conveyance owned, chartered, towed or operated by Carrier or used
by
2.2 "Carrier" means Walker International Transportation, LLC, on whose
behalf this Bill of Lading has been signed.
2.3 "Merchant" includes the Shipper, the Receiver, the Consignor, the
Consignee, the Holder of this Bill of Lading and any person having a
present or future interest in the Goods or any person acting on behalf of
any of the above-mentioned persons.
2.4 "Package" is the largest
individual unit of partially or completely covered or contained cargo made
up by or for the Shipper which is delivered and entrusted to Carrier,
including palletized units and each container stuffed and sealed by the
Shipper or on its behalf, although the Shipper may have furnished a
description of the contents of such sealed container on this bill of
lading.
2.5 "Container" includes any container, trailer, transportable tank, lift
van, flat, pallet, or any similar article of transport used to consolidate
goods.
2.6 "Carrier's container or carrier's equipment" includes containers
or equipment owned, leased or used by Carrier in the transportation of
Merchant's goods.
2.7 "Goods" mean the cargo described on the face of this
Bill of Lading and, if the cargo is packed into container(s) supplied or
furnished by or on behalf of the Merchant, include the container(s) as
well.
(3) SUBCONTRACTING: Carrier shall be entitled to subcontract directly or
indirectly on any terms the whole or any part of the handling, storage, or
carriage of the goods and all duties undertaken by Carrier in relation to
the goods. Every servant, agent, subcontractor (including
sub-subcontractors), or other person whose services have been used to
perform this contract shall be entitled to the rights, exemptions from, or
limitations of, liability, defenses and immunities set forth herein. For
these purposes, Carrier shall be deemed to be acting as agent or trustee
for such servants, agents, subcontractors, or other persons who shall be
deemed to be parties to this contract.
(4) ROUTE OF TRANSPORT: Carrier is entitled to perform the transport in
any reasonable manner and by any reasonable means, methods and routes. The
Ship shall have the liberty, either with or without the goods on board, to
at any time, adjust navigational instruments, make trial trips, dry dock,
go to repair yards, shift berths, take in fuel or stores, embark or
disembark any persons, carry contraband and hazardous goods, sail with or
without pilots and save or attempt to save life or property. Delays
resulting from such activities shall not be deemed a deviation.
(5) HINDRANCES AFFECTING PERFORMANCE:
5.1 Carrier shall use reasonable endeavors to complete transport and to
deliver the goods at the place designated for delivery.
5.2 If at any time the performance of this contract as evidenced by this
Bill of Lading in the opinion of Carrier is or will be affected by any
hindrance, risk, delay, injury, difficulty orRT
including strike, and if by virtue of the above it has rendered or is
likely to render it in any way unsafe, impracticable, unlawful, or against
the interest of Carrier to complete the performance of the contract,
Carrier, whether or not the transport is commenced, may without notice to
Merchant elect to:
(a) treat the performance of this contract as terminated and place the
goods at Merchant's disposal at any place Carrier shall deem safe and
convenient, or
(b) deliver the goods at the place of delivery. In any event, Carrier
shall be entitled to, and Merchant shall pay, full freight for any
goods received for transportation and additional compensation for extra
costs and expenses resulting from the circumstances referred to above.
5.3 If, after storage, discharge, or any actions according to sub-part 5.2
above Carrier makes arrangements to store and/or forward the goods, it is
agreed that he shall do so only as agent for and at the sole risk and
expense of Merchant without any liability whatsoever in respect of such
agency.
5.4 Carrier, in addition to all other liberties provided for in this
Article, shall have liberty to comply with orders, directions, regulations
or suggestions as to navigation or the carriage or handling of the goods
or the ship howsoever given, by any actual or purported government or
public authority, or by any committee or person having under the terms of
any insurance on the Ship, the right to give such order, direction,
regulation, or suggestion. If by reason of and/or in compliance with any
such order, direction, regulation, or suggestions, anything is done or is
not done the same shall be deemed to be included within the contract of
carriage and shall not be a deviation.
(6) BASIC LIABILITY:
6.1 Carrier shall be liable for loss of or damage to the goods occurring
between the time when it takes goods into its custody and the time of
delivery but shall not be liable for any consequential or special damages
arising from such loss or damage.
6.2 If it is established that the loss of or damage to the goods occurred
during sea carriage or during carriage by land in the United States,
liability shall be governed by the legal rules applicable as provided in
Section 1 of this Bill of Lading.
6.3 Notwithstanding Section 1 of this Bill of Lading, if the loss or damage
occurred outside of the United States not during sea carriage and it can
be proved where the loss or damage occurred, the liability of Carrier in
respect of such loss or damage shall be determined by the provisions
contained in any international convention or national law, which
provisions: cannot be departed from by private contract to the detriment
of Merchant, and would have applied if Merchant had made a separate and
direct contract with Carrier 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.
6.4 If it cannot be determined when the loss of or damage to the goods
occurred, liability shall be governed as provided in Section 6.2 above.
6.5 Carrier does not undertake that the goods shall be delivered at any
particular time or for any particular market and shall not be liable for
any direct or indirect losses caused by any delay.
6.6 Carrier shall not be liable for any loss or damage arising from:
(a) an act or omission of Merchant or person other than Carrier acting on
behalf of Merchant from whom Carrier took the goods in charge,
(b) compliance with the instructions of any person authorized to give
them,
(c) handling, loading, stowage or unloading of the goods by or on behalf
of Merchant,
(d) inherent vice of the goods or concealed damage to or shortage of
goods packed by Merchant, COMBINED TRANSPORT BILL OF LADING
(e) lack or insufficiency of or defective condition of packing in the
case of goods, which by their nature are liable to wastage or damage
when not packed or when not properly packed,
(f) insufficiency or inadequacy of marks or numbers on the goods,
coverings or unit loads,
(g) fire, unless caused by actual fault or privity of Carrier,
(h) any cause or event which Carrier could not avoid and the consequences
of which he could not prevent by the exercise of due diligence.
6.7 When Carrier pays claims to Merchant, Carrier shall automatically be
subrogated to all rights of Merchant against all others, including Inland
Carriers, on account of the losses or damages for which such claims are
paid.
6.8 The defenses and limits of liability provided for in this Bill of
Lading shall apply in any action or claim against Carrier relating to the
goods, or the receipt, transportation, storage or delivery thereof,
whether the action be founded in contract, tort or otherwise.
(7) COMPENSATION FOR LOSS AND DAMAGE:
7.1 Unless otherwise mandated by compulsorily applicable law, Carrier's
liability for compensation for loss of or damage to goods shall in no case
exceed the amount of US$500 per package or per customary freight unit,
unless Merchant, with the consent of Carrier, has declared a higher value
for the goods in the space provided on the front of this Bill of Lading
and paid extra freight per Carrier's tariff, in which case such higher
value shall be the limit of Carrier's liability. Any partial loss or
damage shall be adjusted pro rata on the basis of such declared value.
Where a container is stuffed by Shipper or on its behalf, and the
container is sealed when received by Carrier for shipment, Carrier's
liability will be limited to US$500 with respect to the contents of each
such container, except when the Shipper declares the value on the face
hereof and pays additional charges on such declared value as stated in
Carrier's tariff. The freight charged on sealed containers when no higher
valuation is declared by the Shipper is based on a value of US$500 per
container. However, Carrier shall not, in any case, be liable for an
amount greater than the actual loss to the person entitled to make the
claim. Carrier shall have the option of replacing lost goods or repairing
damaged goods.
7.2 In any case where Carrier's liability for compensation
may exceed the amounts set forth in Section 7.1 above, compensation shall
be calculated by reference to the value of the goods, according to their
current market price, at the time and place they are delivered, or should
have been delivered, in accordance with this contract.
7.3 If the value of
the goods is less than US$500 per package or per customary freight unit,
their value for compensation purposes shall be deemed to be the invoice
value, plus freight and insurance, if paid.
7.4 Carrier shall not be liable to any extent for any loss of or damage to
or in connection with precious metals, stones, or chemicals, jewelry,
currency, negotiable instruments, securities, writings, documents, works
of art, curios, heirlooms, or any other valuable goods, including goods
having particular value only for Merchant, unless the true nature and
value of the goods have been declared in writing by Merchant before
receipt of the goods by the Carrier or Inland Carrier, the same is
inserted on the face of this Bill of Lading and additional freight has
been paid as required.
7.5 Carrier will not arrange for insurance on the goods except upon express
instructions from the Consignor and then only at Consignor s expense and
presentation of a declaration of value for insurance purposes prior to
shipment.
(8) DESCRIPTION OF GOODS AND INFORMATION FOR U.S. CUSTOMS: Carrier is
responsible for transmitting information to U.S. Customs and Border
Protection prior to lading of the Goods including, without limitation,
precise commodity descriptions, numbers and quantities of the lowest
external packaging unit, the shipper s complete name and address, the
consignee s or the owner s or owner s representative s complete name
and address, hazardous materials codes, and container seal numbers. For
this, and other purposes, Carrier relies on information provided by
Merchant in a timely fashion. Merchant warrants to Carrier that all
particulars of the goods, including, without limitation, the precise
descriptions, marks, number, quantity, weight, seal numbers, identities of
shipper and consignee and hazardous materials codes furnished by Merchant
are correct and Merchant shall indemnify Carrier against all claims,
penalties, losses or damages arising from any inaccuracy.
(9) CARRIER'S CONTAINERS: If goods are not received by Carrier already in
containers, Carrier may pack them in any type container. Merchant shall be
liable to Carrier for damage to Carrier's containers or equipment if such
damage occurs while such equipment is in control of Merchant or his
agents. Merchant indemnifies Carrier for any damage or injury to persons
or property caused by Carrier's containers or equipment during handling by
or when in possession or control of Merchant.
(10) CONTAINER PACKED BY MERCHANT: If Carrier receives the goods already
packed into containers:
10.1. This Bill of Lading is prima facie evidence of the receipt of the
particular number of containers set forth, and that number only. Carrier
accepts no responsibility with respect to the order and condition of the
contents of the containers;
10.2. Merchant warrants that the stowage and seals of the containers are
safe and proper and suitable for handling and carriage and indemnifies
Carrier for any injury, loss or damage caused by breach of this warranty;
10.3. Delivery shall be deemed as full and complete performance when the
containers are delivered by Carrier with the seals intact; and
10.4. Carrier has the right but not the obligation to open and inspect the
containers at any time without notice to Merchant, and expenses resulting
from such inspections shall be borne by Merchant; and
10.5. Merchant shall inspect containers before stuffing them and the use of
the containers shall be prima facie evidence of their being sound and
suitable for use.
(11) DANGEROUS GOODS:
11.1 Merchant may not tender goods of a dangerous nature without written
application to Carrier and Carrier's acceptance of the same. In the
application, Merchant must identify the nature of the goods with
reasonable specificity as well as the names and addresses of the shippers
and consignees.
11.2 Merchant shall distinctly and permanently mark the nature of the
goods on the outside of the package and container in a form and manner as
required by law and shall submit to Carrier or to the appropriate
authorities all necessary documents required by law or by Carrier for the
transportation of such goods.
11.3 If the goods subsequently, in the judgment of Carrier, become a danger
to Carrier, the Ship, or other cargo, Carrier may dispose of the goods
without compensation to Merchant and Merchant shall indemnify Carrier for
any loss or expenses arising from such action.
(12) DECK CARGO: Carrier has the right to carry the goods in any container
under deck or on deck. Carrier is not required to note "on deck stowage"
on the face of this Bill of Lading and goods so carried shall constitute
under deck stowage for all purposes including General Average. Except as
otherwise provided by any law applicable to this contract, if this Bill of
Lading states that the cargo is stowed on deck, then Carrier shall not be
liable for any non-delivery, misdelivery, delay or loss to goods carried
on deck, whether or not caused by Carrier's negligence or the ship's
unseaworthiness.
(13) HEAVY LIFT:
13.1 Single packages with a weight exceeding 2,240 pounds gross not
presented to Carrier in enclosed containers must be declared in
writing by Merchant before receipt of the packages by Carrier. The weight
of such packages must be clearly and durably marked on the outside of the
package in letters and figures not less than two inches high.
13.2 If Merchant fails to comply with the above provisions, Carrier shall
not be liable for any loss of or damage to the goods, persons or property,
and Merchant shall be liable for any loss of or damage to persons or
property resulting from such failure and Merchant shall indemnify Carrier
against any loss or liability suffered or incurred by Carrier as a result
of such failure.
13.3 Merchant agrees to comply with all laws or regulations concerning
overweight containers and Merchant shall indemnify Carrier against any
loss or liability suffered or incurred by Carrier as a result of
Merchant's failure to comply with such laws or regulations.
(14) DELIVERY: Carrier shall have the right to deliver the goods at any
time at any place designated by Carrier within the commercial or
geographic limits of the port of discharge or place of delivery shown in
this Bill of Lading. Carrier's responsibility shall cease when delivery
has been made to Merchant, any person authorized by Merchant to receive
the goods, or in any manner or to any other person in accordance with the
custom and usage of the port of discharge or place of delivery. If goods
should remain in Carrier's custody after discharge from the ship and
possession is not taken by Merchant, after notice, within the time allowed
in Carrier's applicable tariff, the goods may be considered to have been
delivered to Merchant or abandoned at Carrier's option, and may be
disposed of or stored at Merchant's expense.
(15) NOTICE OF CLAIM: Written notice of claims for loss of or damage to
goods occurring or presumed to have occurred while in the custody of
Carrier must be given to Carrier at the port of discharge before or at the
time of removal of the goods by one entitled to delivery. If such notice
is not provided, removal shall be prima facie evidence of delivery by
Carrier. If such loss or damage is not apparent, Carrier must be given
written notice within 3 days of the delivery.
(16) FREIGHT AND CHARGES:
16.1 Freight may be calculated on the basis of the particulars of the goods
furnished by Merchant, who shall be deemed to have guaranteed to Carrier
the accuracy of the contents, weight, measure, or value as furnished by
him at the time of receipt of the goods by the Carrier or Inland Carrier,
but Carrier for the purpose of ascertaining the actual particulars may at
any time and at the risk and expense of Merchant open the container or
package and examine contents, weight, measure, and value of the goods. In
case of incorrect declaration of the contents, weight, measure and
or value of the goods, Merchant shall be liable for and bound to pay to
Carrier:
(a) the balance of freight between the freight charged and that which
would have been due had the correct details been given, plus
(b) expenses incurred in determining the correct details, plus
(c) as liquidated and ascertained damages, an additional sum equal to the
correct freight. Quotations as to fees, rates of duty, freight
charges, insurance premiums or other charges given by Carrier to
Merchant are for informational purposes only and are subject to change
without notice and shall not under any circumstances be binding upon
Carrier unless Carrier in writing specifically undertakes the handling
of transportation of the shipment at a specific rate and that rate is
filed in Carrier s tariff.
16.2 Freight shall be deemed earned on receipt of goods by Carrier, the
goods lost or not lost, whether the freight is intended to be prepaid or
collected at destination. Payment shall be in full and in cash without any
offset, counterclaim, or deduction, in the currency named in this Bill of
Lading, or another currency at Carrier's option. Interest at 1% per month
shall run from the date when freight and charges are due. Payment of
freight charges to a freight forwarder, broker or anyone other than
directly to Carrier shall not be deemed payment to the Carrier. Merchant
shall remain liable for all charges hereunder notwithstanding any
extension of credit to the freight forwarder or broker by Carrier. Full
freight shall be paid on damaged or unsound goods.
16.3 Merchant shall be liable for all dues, fees, duties, fines, taxes and
charges, including consular fees, levied on the goods. Merchant shall be
liable for return freight and charges on the goods if they are refused
export or import by any government. Merchant shall be liable for all
demurrage or detention charges imposed on the goods or their containers by
third parties.
16.4 The Shipper, consignee, holder hereof, and owner of the goods, and
their principals, shall be jointly and severally liable to Carrier for the
payment of all freight and charges, including advances and shall, in any
referral for collection or action for monies due to Carrier, upon recovery
by Carrier, pay the expenses of collection and litigation, including
reasonable attorneys' fees. This provision shall apply regardless of
whether the front of this bill of lading has been marked "prepaid" or
"freight prepaid" so long as freight and charges remain unpaid.
16.5 The Shipper, consignee, holder hereof, and owner of the goods, and
their principals, shall jointly and severally indemnify Carrier for all
claims, fines, penalties, damages, costs and other amounts which may be
incurred or imposed upon Carrier by reason of any breach of any of the
provisions of this Bill of Lading or of any statutory or regulatory
requirements.
(17) LIEN: Carrier shall have a general lien on any and all property (and
documents relating thereto) of Merchant in its possession, custody or
control or en route, for all claims for charges, expenses or advances
incurred by Carrier in connection with this shipment, or any previous
shipment, of Merchant, or both, and if such claim remains unsatisfied for
30 days after demand for its payment is made, Carrier may sell at public
auction or private sale, upon 10 days written notice, registered mail to
Merchant, the goods, wares and/or merchandise or so much as may be
necessary to satisfy such lien and the costs of recovery, and apply the
net proceeds of such sale to the payment of the amount due Carrier. Any
surplus from such sale shall be transmitted to Merchant, and Merchant
shall be liable for any deficiency in the sale.
(18) TIME BAR: Carrier shall be discharged from all liability for loss of
or damage to goods unless suit is brought within one (1) year after
delivery of the goods or the date when the goods should have been
delivered. Suit shall not be deemed brought against Carrier until
jurisdiction shall have been obtained over Carrier by service of summons.
The time bar for overcharge claims shall be six (6) months.
(19) JURISDICTION: The courts of New York shall have exclusive
jurisdiction over any dispute arising from the carriage evidenced by this
Bill of Lading. Merchant and Carrier each hereby agree to the personal
jurisdiction of the forum having jurisdiction over their disputes under
this clause. Except as otherwise provided in this Bill of Lading, the
laws of the State of New York shall apply.
(20) GENERAL AVERAGE:
20.1 General Average shall be adjusted at New York, or any other port at
Carrier's option, according to the York-Antwerp Rules of 1994. The General
Average statement shall be prepared by adjusters appointed by Carrier.
20.2 In the event of accident, damage, danger or disaster after
commencement of the voyage resulting from any cause whatsoever, whether
due to negligence or not, for the consequence of which Carrier is not
responsible by statute, contract or otherwise, Merchant shall contribute
with Carrier in General Average to the payment of any sacrifice, loss or
expense of a General Average nature that may be made or incurred, and
shall pay salvage or special charges incurred in respect of the goods. If
a salving vessel is owned or operated by Carrier, salvage shall be paid
for as fully as if the salving vessel or vessels belonged to strangers.
(21) BOTH-TO-BLAME COLLISION CLAUSE: If the ship comes into collision with
another vessel as a result of negligence of the other vessel and any
negligence or fault on the part of Carrier or its servants or
subcontractors, Merchant shall indemnify 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 Merchant paid or payable by the other or non-carrying vessel
or her owners to Merchant and set-off, recouped or recovered by the other
or non-carrying vessel or her owners as part of their claim against the
carrying ship or her owner. This provision shall apply as well where the
owners, operators or those in charge of any ship or ships or objects other
than, or in addition to, the colliding ships or objects are at fault with
respect to a collision or contact.
(22) CARRIERS' TARIFFS: The goods carried under this Bill of Lading are
also subject to all the terms and conditions of tariff(s) published
pursuant to the regulations of the United States Federal Maritime
Commission or any other regulatory agency which governs a particular
portion of the carriage and the terms are incorporated herein as part of
the terms and conditions of this Bill of Lading. Copies of Carriers'
tariffs may be obtained from Carrier or its agents or from Carriers
web-site, the COMBINED TRANSPORT BILL OF LADING address of which is set
forth on the U.S. Federal Maritime Commission s web-site at www.fmc.gov.
Carrier may enter into Negotiated Rate Arrangements with Merchant in lieu
of publishing the applicable rates and charges for services provided in
its rate tariff.
(23) PERISHABLE CARGO:
23.1 Goods of a perishable nature shall be carried in ordinary containers
without special protection, services or other measures unless there is
noted on the reverse side of this Bill of Lading that the goods will be
carried in a refrigerated, heated, electrically ventilated or otherwise
specially equipped container or are to receive special attention in any
way. Carrier shall not be liable for any loss of or damage to goods in a
special hold or container arising from latent defects, breakdown, or
stoppage of the refrigeration, ventilation or heating machinery,
insulation, ship s plant, or other such apparatus of the vessel or
container, provided that Carrier shall before or at the beginning of the
transport exercise due diligence to maintain the special hold or container
in an efficient state.
23.2 Merchant undertakes not to tender for transportation any goods that
require refrigeration without given written notice of their nature and the
required temperature setting of the thermostatic controls before receipt
of the goods by Carrier. In case of refrigerated containers packed by or
on behalf of Merchant, Merchant warrants that the goods have been properly
stowed in the container and that the thermostatic controls have been
adequately set before receipt of the goods by Carrier.
23.3 Merchant's attention is drawn to the fact that refrigerated containers
are not designed to freeze down cargo which has not been presented for
stuffing at or below its designated carrying temperature. Carrier shall
not be responsible for the consequences of cargo tendered at a higher
temperature than that required for the transportation.
23.4 If the above requirements are not complied with, Carrier shall not be
liable for any loss of or damage to the goods whatsoever.
(24) SEVERABILITY: The terms of this Bill of Lading shall be severable,
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.
(25) VARIATION OF THE CONTRACT: No servant or agent of Carrier shall have
power to waive or vary any of the terms hereof unless such variation is in
writing and is specifically authorized or ratified in writing by Carrier
Approved by the National Customs Brokers and Forwarders Association of
America, Inc. September 2011
