RULE: 8 - BILL(S) OF LADING Eff: 18MAY2011
| Effective | 18MAY2011 |
|---|---|
| Filed | 18MAY2011 |
| Filing Codes | I |
All cargo transported under the rates, charges, terms and conditions
named in this Tariff or NRAs 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:
1. Definition - In this Bill of Lading the term "Vessel"
means the intended Ocean Vessel on the front hereof and any
vessel, craft, lighter or other means of conveyance by
water which is or shall be substituted in whole or in part
for such named ocean vessel and also includes any other
vessels on to which Goods may be loaded for the purpose of
being transported thereon in furtherance of the carriage
covered by this Bill of Lading or any part thereof.
The Term "Carrier" WALSH C.H.B. INC., it's agents and
employees. The term "Merchant" means the shipper,
consignor, consignee, the holder of this Bill of Lading and
or the receiver of the owner of the Goods.
The Term "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.
The terms "Place of Receipt" Intended port of Loading,
Intended Place of Delivery mean respectively the place of
receipt, port of loading, (Ocean Vessel port of discharge
(Ocean vessel and place of delivery nominated on the front
hereof and
The term "Goods" means the cargo received from the
shipper and includes any container(s) supplied by or on
behalf of any other than the carrier.
2. Carrier's responsibility - (a) Subject to Clause 8 and
9 hereof the liability (if any) of the Carrier in respect
of the Goods during the period commencing with their being
loaded onto any seagoing vessel and continuing up to and
during discharge from that vessel or from another seagoing
vessel into which the Goods shall have been transhipped
shall be determined in accordance with the provisions of
the Carriage of Goods by the Sea Act of the United States
of America, approved April 15, 1936, which shall be deemed
to be incorporated herein and in accordance with the terms
and conditions of the Bill of Lading or other contract of
carriage of the subcontractor responsible for the carriage
of Goods by sea, all of which terms and conditions to the
extent that they are not in conflict with the express
provisions of this Bill of Lading are incorporated herein.
(b) Save as provided in (a) hereof the Carrier shall be
under no liability in any capacity whatsoever for loss or
misdelivery of or damaged to the goods howsoever caused
whether or not through the negligence of the Carrier, his
servants or agents or subcontractors or for any direct or
indirect loss or damage caused by delay or for any indirect
or consequential loss or damage.
(c) In the event of any loss or misdelivery or delay in
delivery of or damage to the Goods occurring between the
time that the Goods are received by the Carrier at the
Place of Receipt and the time of delivery at the intended
Place of Delivery, the onus of proving that such loss,
misdelivery, delay in delivery or damage (or any part
therof) occurred during the period specified in Clause (a)
hereof shall be upon the Merchant in the event that the
Merchant is unable to discharge such onus of proof the
Carrier shall be under no liability to such loss,
misdelivery in delivery of or damage of the Goods (or any
part thereof) in accordance with (b) hereof.
(d) INSURANCE WILL NOT BE ARRANGED BY THE CARRIER
EXCEPT WITH THE EXPRESS INSTRUCTIONS IN WRITING OF THE
CONSIGNOR AND THEN ONLY AT HIS EXPENSE AND LODGEMENT OF AN
DECLARATION AS TO VALUE PRIOR TO SHIPMENT.
3. CARRIER'S SCHEDULE - The Carrier accepts no liability
for schedule deviations.
4. CONTRACTING PARTIES - In agreeing to to and accepting
the terms of this Bill of Lading the Shipper acts for
himself and on behalf of each Merchant. The Shipper
warrants to the Carrier that he is entitled and is duly
authorized by any other person who owns or is entitled to
possession of the Goods of this Bill of Lading to agree to
and accept this Bill of Lading and to deliver the Goods to
the Carrier and also in accepting endorsement of delivery
hereof from the Shipper, Consignee or any other prior
endorsee or holder and or delivery of the Goods be
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 agrees also that all agreements and
freight arrangements previously made for the carriage of
Goods are superseded by the contract contained or evidenced
herein.
5. SUB-CONTRACTING - Exemptions and immunities of
Servants, agents and Sub-Contractors - The Carrier shall be
entitled to sub-contract on 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. The Merchant shall make no claim
whatsoever in relation to the Goods against any servant,
agent or sub-contractor of the Carrier or its servants or
agents and shall further indemnify the Carrier against any
claims which may be made upon the Carrier by any such
servant, agent and sub-contractor and which arise out of
any claim whether arising in negligence or otherwise in
relation to the Goods against whosoever made by the
Merchant without prejudice to the foregoing every such
servant, agent, and sub-contractor shall have the benefit
of all provisions herein for the benefit of the Carrier as
if such provisions were expressly for their benefit, and in
entering into this contract the Carrier to the extent of
these provisions does so not only on its own behalf but as
agent and trustee for such servants, agents and
sub-contractors.
The Merchant authorizes the Carrier to arrange for any
ocean carriage required under this Bill of Lading to be
performed by an ocean carrier on the terms and conditions
of the regular form of Bill of Lading in use by such ocean
carrier.
6. ROUTE OF TRANSPORT - (a) The Goods may, at the
Carrier's absolute discretion be carried as a single or
several shipments by the Vessel and or any other means of
transport and through any route whatsoever, whether or not
such route is the direct advertised or customary route.
(b) 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.
7. CONTAINER PACKED BY CARRIER - Where Goods received for
carriage under this Bill of Lading are not already
contained in or on Container(s) at the time of such receipt
the Carrier shall be at liberty to carry such Goods in or
on Container(s).
8. CONTAINER PACKED BY MERCHANT - If the Goods accepted by
the Carrier is a Container(s) into which contents have been
packed by or on behalf of the Merchant.
(a) the Merchant guarantees that the stowage of the
contents in Container(s) and the closing and sealing of
the Container(s) are safe and proper and also that the
Container(s) and content thereof are suitable for handling
and carriage in accordance with ther terms hereof. In the
event of the Merchant's breach of such guarantee, the
carrier shall not be responsible for any loss or damage to
or in connection with the goods, and the merchants shall be
responsible for all consequences of whatsoever kind of such
breach and shall indemnify the Carrier against any loss,
damage, expense or liability which the Carrier suffers or
incurs as a consequence of such breach.
(b) the Merchant shall inspect the Container(s) when
the same are furnished by or on behalf of the Carrier and
they shall be deemed to have been accepted by the Merchant
as being in sound and suitable conditions for the purpose
of the, transport contracted herein, unless he gives notice
to the contrary in writing to the Carrier prior to packing
the Container(s).
(c) if the Container(s) are delivered from the Carrier
with seals intact, such delivery shall be deemed as the
full and complete performance of the Carrier's obligation
hereunder and all the Carrier shall not be liable for any
loss of or damage to the contents of the Container(s).
(d) the Carrier shall be at liberty to inspect the
contents of the Container(s) without notice to the Merchant
at such time and place as the Carrier may deem necessary,
all expenses incurred in respect thereof being borne by the
Merchant and in case the seals of the Container(s) are
broken by the Customs or other authorities for inspection
of the contents of the said Container(s), the Carrier shall
not be liable for any loss, damage, expenses or any other
consequences arising or resulting therefrom and
(e) The Bill of Lading is prima facie evidence of the
receipt only of the number of Container(s) as shown on the
face hereof and the order and condition of the contents and
any particulars thereof are unknown to the Carrier who
accepts no responsibility in respect thereof.
9. CARRIER'S CONTAINER - (a) The Merchant shall assume
full responsibility for and shall indemnify the Carrier
against any loss or damage to the Carrier's Container(s)
and other equipment which occurs while in the possession or
control of the Merchant, his agents or sub-contractors
engaged by or on behalf of the Merchant.
(b) The Carrier shall in no event be liable for the
Merchant, shall indemnify and hold the Carrier harmless
from and against any loss of or damage to property of the
other persons or injuries to other persons caused by the
Carrier's Container(s) or the contents thereof during
handling by or while in the possession or control of the
Merchant, his agents or sub-contractors engaged by or on
behalf of the Merchant.
10. RETURN OF CONTAINERS - In case goods are delivered in
Container(s) which the Carrier owns or to the possession of
which the Carrier is otherwise entitled, the Merchant
taking delivery shall return such Container(s) promptly.
11. DESCRIPTION AND PARTICULARS OF GOODS - (a) The
description and particulars of the Goods set out on the
face hereof, are furnished by the Merchant and are unknown
to the Carrier who shall be under no responsibility
whatsoever in respect of such description and particulars.
(b) The Merchant warrants to the Carrier that the
particulars relating to the Goods as set out on the front
hereof, and any other particulars furnished by or on behalf
of the Merchant, are correct and shall indemnify the
Carrier against all loss , damage, expenses, and liability
including taxes, penalties and fines suffered or incurred
by the Carrier as a result of the Merchant being in breach
of such warranty.
12. FREIGHT AND CHARGES - (a) The freight payable hereunder
has been calculated and based on particulars of the Goods
furnished by or on behalf of the Merchant. The Carrier
shall be entitled at any time to reweight, remeasure or
revalue the Goods and for the purpose to open and remove
and examine the contents of any Container(s) and if the
particulars furnished are found to be incorrect the freight
shall be adjusted accordingly and the Merchant shall also
pay any expenses incurred by the Carrier in checking the
said particulars.
(b) Freight shall be deemed earned on receipt of the
Goods by the Carrier and shall be paid by the Merchant.
Goods and/or conveyance lost or not lost.
(c) Except to the extent (if any) to which they may be
inconsistent with any of the express terms of this Bill of
Lading the terms of the Carrier's applicable tariff current
at the time when the Goods were received by the Carrier for
carriage under this Bill of Lading are incorporated into
this Bill of Lading and form part of the contract or
evidence herein.
13. LIEN - (a) The Carrier shall have a lien on the Goods
which shall survive delivery for any sums whatsoever
payable by or chargeable to or for the account of the
Merchant under this Bill of Lading and any contract
preliminary hereto and the cost and expenses of recover
same and may sell the Goods privately or by public auction
without notice to the Merchant if sale of the Goods the
proceeds fail to cover the amount due and the cost and
expenses 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
responsibilities attaching to himself, abandon or otherwise
dispose of such Goods solely at the risk and expense of the
Merchant.
14. EXPENSES - The Merchant shall be liable for and
indemnify the Carrier and hold it harmless against all
loss, damage, costs, expenses and liability (including
taxes, penalties and fines) of whatsoever nature suffered
or incurred by the Carrier in connection with the Goods or
the Container(s) because of the failure of the Merchant to
procure consular, Department of Health or other permits or
any papers that may be required at any port or place in
connection with the Goods or to supply information or
otherwise to comply with all laws and regulations in
connection with Goods or any expenses or disbursements
incurred in accordance with Paragraph 16 (a) and 9 (b)
hereof or from any other act or omission of the Merchant
and also against all damages, charges, legal fees and other
expenses which the Carrier may incur in connection with
attachments, seizures, executions, claims or legal
proceedings of any description against Goods by third
parties, or any proceedings by way of interpleader or
otherwise which the Carrier may incur in connection with
attachments, seizures, executions, claims or legal
proceedings of any description against Goods by third
parties, or any proceedings by way of interpleader or
otherwise which the Carrier may bring to determine the
right of ownership or possession in or to the Goods or
Container(s). The Merchant authorizes the Carrier to pay
and/or incur all such costs, expenses and charges and to do
any matters mentioned above at his expenses and as his
expense and his agent and engage other persons to regain or
seek to regain possession of Goods or Container(s) and do
all things advisable for the benefit of Goods or
Container(s). The merchant and the Goods shall be jointly
and severally liable for the payment of any sums due to the
Carrier hereunder by the Merchant. Without in any way
limiting the generality of the foregoing, the Merchant
shall indemnify the Carrier in respect of any dues or
duties or other charges which the Carrier becomes legally
liable to pay and payssa to any governmental customs or
other authority in respect of the Goods.
15. DANGEROUS GOODS AND CONTRABAND - Goods of any
inflammable, explosive, radioactive, corrosive, damaging
noxious, poisonous, injurious or dangerous nature must not
be tendered for carriage hereunder unless written notice of
their natural name, label, classification and the method of
rendering said Goods innocuous with the names and addresses
of the shipper and consignee has been previously given to
the Carrier and their nature is distinctly marked on the
outside of the Container(s), package(s), or piece(s) as
required by noticeable statutes or regulations. The
foregoing written notice shall bear the certificate
required by applicable statutes or regulations to certify
that the Goods are properly described, packed and marked
and in proper condition for transportation according to the
regulations prescribed by a comptent authority. If any
Goods tendered for carriage without previous written
declaration are or at any time become of the above
mentioned nature or are or become contraband or prohibited
by any law or regulations of any port or loading or
discharge or call or any place during transit whether the
Merchant is aware thereof or not such goods upon discovery
at any time may be rendered innocuous, thrown overboard or
discharged at any port or place, or be otherwise disposed
of at Carrier's or subcontractors discretion without any
liability attaching thereto and without prejudice to the
Carrier's right to freight and any other charges payable
hereunder. The foregoing provision shall also apply to any
such Goods tendered for carriage with such previous
declaration which in the opinion of the Carrier or his
sub-contractor have or are likely to become dangerous to
the Carrier, Vessel, Cargo or other property or person.
The Merchant shall be liable to indemnify the Carrier
against all loss, damage, expenses and liabilities
including taxes, penalities and fines suffered or incurred
by the Carriers as a result of the carriage of such Goods.
The Carrier reserves the right but shall have no obligation
to ship Container(s) packed by or on behalf of the Merchant
and examine the contents thereof and arrange for restorage,
recuperage, or reconditioning by the Carrier(s) or the
sub-contractor's discretion but at the Merchants risk and
expense.
16. SPECIAL CONTAINER - (a) The Carrier does not undertake
to carry the Goods in refrigerated, heated, insulated,
ventilated or any other Special Container(s) nor to carry
special Container(s) packed by or on behalf of the Merchant
as such but the Carrier will treat such Goods or
Container(s) only as ordinary goods or dry Container(s)
respectively unless special arrangements for the carriage
of such Goods or Container(s) have been agreed in writing
between the Carrier and the Merchant and unless such
special arrangements are noted on the face of this Bill of
Lading and unless special freight as required has been
paid. The Carrier does not accept responsibility for the
proper functioning of special Container(s) supplied by or
on behalf of the Merchant.
(b) As regards the Goods which have been agreed to be
carried in special Container(s) the Carrier shall exercise
due diligence to maintain the facilities of the special
Container(s) while they are in his actual custodyand
control but shall not be liable for any loss of or damage
to the Goods caused by latent defects, derangement or
breakdown of facilities of the Container(s).
(c) If the Goods have been packed in refrigerated
Container(s) by the Carrier and the particular temperature
range requested by the Merchant is stipulated 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(s).
(d) If the Goods have been received by the Carrier in
Container(s) which have been packed by or on behalf of the
Merchant it is the obligation of the Merchant to stow the
content properly and set the thermostatic controls as
required. 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 the intend temperature inside
the Container(s).
17. DECK CARGO - The Carrier has the right to carry goods
under deck or on deck on any vessel.
18. TRANSHIPMENT AND FORWARDING - (a) Whether arranged
beforehand or not the Carrier shall be at liberty without
notice to perform the contract of carriage evidence hereby
wholly or partly by the named or any Vessel(s) or craft or
by any vehicle, aircraft or other means of transport by
water, land or air, whether owned or operated by the
Carrier or others. The Carrier may under any circumstance
whatsoever discharge the Goods or any part thereof at any
port of place for transhipment and store the same afloat or
ashore and then forward the same by any means of transport.
(b) In case the goods hereby specified cannot be found
at the port of discharge or the Place of Delivery or if
they are miscarried then, when found, may be forwarded to
their intended port of discharge or Place of Delivery, at
the Carrier's expense, but the Carrier shall not be liable
for any loss, damage, delay or depreciation arising from
such forwarding.
19. DELIVERY - (a) The Carrier shall have the right to
deliver the Goods at any time from or at the Vessel's side
customs house, warehouse, wharf, quay or any other place
designated by the Carrier within the geographic limits of
the intended Port of Discharge or the intended Place of
Delivery shown on the face hereof.
(b) In any case the carrier's responsibility shall
cease when the Goods have been delivered to the Merchant,
his servants, agents or sub-contractors or any other person
entitled to receive the Goods on his behalf at the place
designated by the Carrier. Delivery of the Goods to the
custody of customs or other authorities shall constitute
final discharge of the Carrier's responsibility hereunder.
(c) In case the Goods received by the Carrier are
Container(s) into which contents have been packed by or on
behalf of the Merchant, the Carrier shall only be
responsible for delivery of the total number of
Container(s) and deliver the contents thereof in accordance
with brands, marks, numbers, sizes or types of packages or
pieces.
(d) In case the Goods have been packed into
Container(s) by the Carrier, the Carrier shall unpack the
Container(s) and deliver the contents thereof and shall not
be required to deliver the goods in Container(s) unless it
is a headload shipment.
(e) In the event that the Carrier delivers or places
the goods into any customs house, bond store or any other
place as is prescribed in part (a) hereof or as prescribed
in Clause 18 (a) herof, the Merchant shall be liable to pay
and shall pay all costs, expenses, and charges associated
or in any way connected herewith.
(f) In the event that the Carrier attempts delivery of
the goods to the Merchant pursuant to the terms hereof
during normal trading hours and the Merchant, his servants,
agents or sub-contractors or any other person nominated to
take delivery of the Goods on his behalf does not take or
accept delivery of the Goods, the Merchant shall be liable
to pay and shall pay all costs, expenses and charges
suffered or incurred by the Carrier, his servants, agents
or sub-contractors in connection or in any way associated
with such attempted delivery is accomplished.
20. NOTICE OF CLAIM AND TIME FOR SUIT - (a) Unless notice
of loss or damage the general nature of such loss or
damage be given in writing to the Carrier at the Port of
Discharge or Place of Delivery before or at the time of
delivery of the Goods or if the loss or damage be not
apparent, within 3 days after delivery, the Goods shall be
deemed to have been delivered as described in this Bill of
Lading.
(b) In any event the Carrier shall be discharged from
all liability in respect of non delivery, misdelivery,
delay, loss or damage unless suit is brought within ONE
year after delivery of the Goods or the date the Goods
should have been delivered.
21. THE AMOUNT OF COMPENSATION - (a) When the Carrier is
liable for compensation in respect of loss or damage of
Goods such compensation shall be calculated by reference to
the invoice value of Goods plus freight and insurance if
paid.
(b) In no event shall the Carrier be or become liable
for any loss of or damage to or in connection with the
Goods in an amount exceeding $500 per carton or unit
(meaning the unit in which the cargo is shipped, a
container stuffed by the Merchant or 12 garments or
articles of clothing when shipped as loose garments on
hangers to be considered as single unit) provided for by
the United States Carriage of Goods by Sea Act, Section
4(5) or by any similar act in force according to provisions
of clause 2 unless the nature and value of such goods have
have been declared by the Shipper before shipment, agreed
by the Carrier, inserted in the Bill of Lading and moreover
freight paid on "ad valcrem" basis. Whenever the value of
the Goods is less than such an amount this value in the
calculation and the adjustment of claims for which the
Carriers may be liable shall for the purpose of avoiding
uncertainties and difficulty in fixing values be deemed to
be the invoice value plus freight and insurance if paid,
irrespective of whether any other value is greater or less.
(c) Higher compensation may be claimed only when with
the consent of the Carrier, the value of the Goods declared
by the Shipper which exceeds the limits down in this
clausehas been stated in this Bill of Lading. In the case
the amount of the declared value shall be substituted for
that limit. Any partial loss or damage shall be adusted to
pro rata or the basis of such declared value.
22. BOTH-TO-BLAME COLLISION CLAUSE - If the carrying ship
comes into collision with another ship as a result of
negligence of the other ship and any act neglect or default
in the navigation of the management of the carrying ship
the Merchant undertakes to pay the Carrier or where the
Carrier is not the owner and possession of the carrying
ship to pay the Carrier as trustee for the owner and/or
demise charter of the carrying ship a sum sufficient to
indemnify the Carrier and/or the owner and/or demise
charter of the carrying ship against all loss or liability
to the other or non-carrying ship or her owners insofar as
such loss of liability represents loss of damage to, or any
claims whatsoeverof the Merchant paid or payable by the
other or non-carrying ship or her owners to the Merchant
and sell all recouped or recovered by the other or
non-carrying ship or her owners as part of their claim
against the carrying ship or her owner or demise charter of
the Carrier. The foregoing provisions shall also apply
where the owners, operators, or those in charge or any ship
or ships or objects, other than, or in addition to, the
colliding ships or objects are at fault in respect to a
collision, contact, stranding or other accident.
23. NEW JASON CLAUSE - (a) In the event of accident,
danger, damage or disaster before or after the commencement
of the voyage, resulting from any cause or whatsoever,
whether due to negligence or not, for which or for the
consequence of which the Carrier is not responsible, by
statute, contract or otherwise, the Goods and the Merchant
shall jointly and severely contribute with the Carrier in
GENERAL AVERAGE to the payment of any sacrifices, losses 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.
(b) If a salving ship's owned or operated by the
Carrier, salvage shall be paid for as fully as if the said
salving ship belonged to strangers.
24. GENERAL AVERAGE - Shall be adjusted, stated and settled
in New York or any other place selected by the Carrier and
according to the York/Antwerp Rules 1974 except rules 21
and 22 thereof and as to matters not provided for by those
rules, according to the laws and usages at the Port of New
York interest, however, shall be allowed on expenditures,
sacrifices, and allowances charged to General Average at
the prime rate prevailing at time of payment plus 1 percent
per annum charged by major banks in New York City until the
date of the General Average Statement, due allowance being
made for any interim reimbursement from the contributory
interest or from the General Average fund. The General
Average Statement in every instance shall be prepared by
average adjustors selected by the Carrier. In average
adjustments, disbursement in foreign currency shall be
exchanged into any currency at the Carriers option at the
rate prevailing at time of payment 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 of final dischage of such damaged
cargo. Average agreement or bond and such additional
security as may be required by the Carrier, must be
furnished before the delivery of the Goods. Such cash
deposit, agreement or other security as the Carrier or his
agents may consider requisite to cover the estimated
contribution of the Goods and any salvage and special
charges thereon shall be made by the Goods or the
Merchant(s) to the Carrier if required before delivery.
Any deposits shall be payable at Carrier's option in the
currency to be indicated on each occasion by the Carrier
and be remitted to the Average Adjusters. Refunds of
credit balance shall be paid in the same currency, its is
understood that in every instance the Merchant shall remain
responsible until the statement of average has been
settled.
In case of accident, danger or disaster before or after
commencement of the voyage resulting from any cause
whatever, whether due to negligence or not for which or for
the consequence of which the Carrier is not responsible by
statute, contract or otherwise, the Goods the Merchant(s)
shall contribute with the Carrier in General Average to
payment of any sacrifices, losses or expenses of a General
Average nature that may be made or incurred and shall pay
salvage and special charge incurred in respect to the
Goods. If the salving ship is owned or operated by the
Carrier, salvage shall be paid so fully as if the salving
ship was owned or operated by strangers.
25. GOVERNING LAW AND JURISDICTION - (a) The contract
evidence by or contained in this Bill of Lading shall be
governed by the Law of the State of New York in the United
States of America and any action or other dispute
thereunder shall be brought before the New York courts
unless the Carrier otherwise agrees in writing.
(b) In the event that not withstanding condition 21 (a)
this contract shall be held to be subject to the laws of
any other State or Country than except where repugnant to
the provision of that law these condtions shall continue to
apply.
26. VARIATION OF THE CONTRACT, ETC. - No servant or agent
of the Carrier shall have the power to waive or vary any of
the terms hereof unless such waiver or version is on
writing and is specifically authorized or verified in
writing by the Carrier.
