RULE: 8 - BILL(S) OF LADING Eff: 22SEP2021
| Effective | 22SEP2021 |
|---|---|
| Filed | 22SEP2021 |
| Filing Codes | I |
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. IN WITNESS WHEREOF, THE UNDERSIGNED, SIGNING ON BEHALF OF THIS
CARRIER OR AGENT, HAS SIGNED THREE(3) BILLS OF LADING, ALL OF
THE SAME TENOR AND DATE, ONE OF WHICH BEING ACCOMPLISHED, THE
OTHERS TO STAND VOID.
c. ATTENTION OF SHIPPER. The terms and conditions of the order
bill of lading under which this shipment is accepted are
printed on the back hereof. Note unless otherwise specified
the charges listed above do not include customs duties, taxes,
customs clearance charges, and similar non-transportation
charges which are for the account of the cargo.
COMBINED TRANSPORT BILL OF LADING
1. (Definitions) When used in this Bill of Lading:
(A) "Ocean Carrier"
means the company stated on the front of the bill of lading, which
performs the sea carriage of Goods, and the vessel, her owner, and
demise charterer, whether any of the preceding parties is acting as
ocean carrier, non-vessel operating common carrier, or bailee.
(B) "Inland Carrier" means carriers (other than the Ocean
Carrier) by land, water or air, participating in combined transport
of the Goods, whether acting as carrier or bailee.
(C) "Combined Transport" means carriage of the Goods under this
Bill of Lading from place of receipt from Merchant to place of
delivery to Merchant by the Ocean Carrier plus one or more Inland
Carriers.
(D) "Port-to-Port Transportation" means carriage of the Goods
under this Bill of Lading other than combined transport.
(E) "Merchant" includes the shipper, consignor, consignee,
owner, and receiver of the Goods and the holder of this Bill of
Lading.
(F) "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.
(G) "Vessel" includes the vessel named on the face of this Bill
of Lading and any ship, craft, lighter, barge or other means of
transport that is substituted in whole or in part for that vessel.
(H) "Container" includes any containers (including an open top
container) flat rack, platform, trailer, transportable tank, pallet
or any other device used for transportation of goods.
(I) "Laden on Board" or similar words endorsed on this Bill of
Lading means that the Goods have been loaded on board the Vessel or
are in the custody of the Ocean Carrier, and in the event of Combined
Transport if the originating carrier is an Inland Carrier. "On Board"
means that the Goods have been loaded on board rail cars or other
means of Inland carriage or are in the custody of a participating
railroad or other Inland Carrier.
(J) "Subcontractor" includes stevedores, longshoremen,
lighterers, terminal operators, warehousemen, truckers, agents,
servants, and any person, firm, corporation or other legal entity
which performs services incidental to the carriage of the Goods.
(K) "United States" or "U.S." means the United States of America.
2. (Clause Paramount)
(A) Insofar as this Bill of Lading covers carriage of Goods
by water, this Bill of Lading shall have effect subject to the
provisions of the "Hague Rules", namely the International
Conventions for the Unification of Certain Rules Relating to Bills
of Lading, dated at Brussels, August 25, 1924, as amended (including,
where enacted, the Protocol dated at Brussels, February 23, 1968,
known as the Visby Rules), as enacted in the country of shipment.
When no such enactment is in force in the country of shipment or
is otherwise compulsorily applicable, the Hague Rules as enacted
in the country of destination shall apply. When no such enactment
is in force in the country of shipment or in the country of
destination, or is otherwise compulsorily applicable, the terms
of the Hague Rules as enacted by the Convention shall apply.
(B) If this Bill of Lading covers Goods moving to or from ports
of the United States in foreign trade, then carriage of such goods
shall be subject to the provisions of the United States Carriage of
Goods by Sea Act, 1936, 46 U.S.C. P1300-1315 as amended (hereinafter
"U.S. COGSA"), the terms of which shall be incorporated herein. The
provisions of U.S. COGSA shall (except as otherwise specifically
provided in this Bill of Lading) govern throughout the time when
the Goods are in the custody of the Ocean Carrier and any other
water carrier and as otherwise provided in this Bill of Lading.
3. (Law and Jurisdiction) Whenever the Carriage of Goods by Sea Act
1936 (COGSA) of the United States of America applies, this contract
is to be governed by United States Law. In all other cases actions
against the Carrier may be instituted only in the country where the
Carrier has its principal place of business and shall be decided
according to the law of such country.
4. (Limitation of Liability Statutes) Nothing in this Bill of Lading
shall operate to limit or deprive the Ocean Carrier of any statutory
protection, exemption from, or limitation of liability authorized by
the applicable laws, statutes, or regulations of any country.
5. (Sub-Contracting: Exemptions and Immunities of Subcontractors)
(A) The Ocean Carrier shall be entitled to subcontract on any
terms the whole or part of the handling, storage, or carrier of
Carrier in relation to the Goods.
(B) Merchant warrants that no claim shall be made against any
Subcontractor (as defined in Article 1 (J), or Subcontractor, of
Ocean Carrier, except Inland Carriers where otherwise appropriate,
that imposes or attempts to impose upon any of them or any vessel
owned or operated by any of them any liability in connection with
the Goods, and, if any such claims should nevertheless be made, to
indemnify the Ocean Carrier against all consequences of such claims.
(C) Without prejudice to the foregoing, every Subcontractor
(and Subcontractor's Subcontractor) shall have the benefit of all
provisions in this Bill of Lading for the benefit of the Ocean
Carrier as if such provisions were expressly for the Subcontractor's
benefit. In entering into this contract the Ocean Carrier, to the
extent of those provisions, does so not only on its own behalf of
such Subcontractors.
6. (Route to Transport)
(A) The Goods may, at the Ocean Carriers absolute discretion,
be carried as a single shipment or as several shipments by the Vessel
and/or any other means of transport by land, water, or air and by any
route whatsoever, whether or not such route is the direct, advertised,
or customary route.
(B) The Vessel shall have liberty to call and/or stay at any
port or place in or out of the direct, advertised, or customary
route, once or more often and in any order, and/or to omit calling
at any port Or place whether scheduled or not.
(C) The Vessel shall have liberty, either with or without the
Goods on board and either before or after proceeding toward the port
of discharge to adjust to compasses and other navigational instruments,
make trial trips or tests, dry dock, go to repair yards, shift berths,
take on fuel or stores, embark or disembark any person, carry contra-
band, explosives, munitions, war-like stores and hazardous cargo,
sail with or without pilots, tow or be towed, and save or attempt to
save life or property.
(D) If the Goods in whole or in part are for any reason not
carried on the Vessel named in this Bill of Lading, or if loading
the Goods is delayed or is likely to detain the Vessel, the Vessel
may proceed without carrying or loading the Goods in whole or in
part, and notice to merchant of such sailing is hereby waived. Ocean
Carrier may forward the Goods under the terms of this Bill of Lading
on the next available ship or at Ocean Carrier's option by any other
means of transportation, whether by land, water or air.
(E) At Ocean Carrier's option and without notice to Merchant,
another ship or ships may be substituted for the Vessel named in
this Bill of Lading, whether or not the substitute ship is owned or
operated by Ocean Carrier or arrives or departs, or is scheduled to
arrive or depart, before or after the Vessel named by this Bill
of Lading.
(F) Any action taken by the Ocean Carrier under this Article 6
shall be deemed to be included within the contractual carriage and
such action, or delay resulting therefrom, shall not be considered
a deviation. Should the Ocean Carrier be held liable in respect of
such action, the Ocean Carrier shall be entitled to the full benefit
of all privileges, rights, and immunities contained in this Bill of
Lading.
7. (Responsibility)
(A) Insofar as this Bill of Lading is used for Port-to-Port
Transportation of the Goods, the Ocean Carrier shall not be
responsible for loss of or damage to the Goods caused before
loading or after discharge. "Loading" shall be deemed to
commence with the hooking on the vessel's tackle, or if not
using the vessel's tackle, with the receipt of the Goods on deck
or in the hold of (if the Goods are in bulk liquid) in the vessel's
permanent pipe connections. "Discharge" shall be deemed to be
completed when the Goods have been unhooked from the vessel's
tackle or removed from the vessel's deck or passed beyond the
vessel's permanent pipe connections.
(B) Insofar as this Bill of Lading is used for combined
transport of the Goods, the responsibility of the Ocean Carrier
and each Inland Carrier with respect to the Goods shall be limited
to the period when the carrier has custody of the Goods, and no
carrier, either Ocean or Inland, shall be responsible for any loss
or damage caused while the Goods are not in its custody. Any claim
for loss of o or damage to the Goods, including loss or damages
resulting from delay, should be made against the carrier having
custody of the Goods when the loss or damage or delay was caused.
(C) If it is established by the Merchant that the Ocean Carrier
is responsible for loss of or damage to or in connection with the
Goods, such responsibility, subject to the provisions of this Bill
of Lading, shall be to the extent following but not further:
(1) With respect to loss or damage caused during the period
from the time when the Goods arrived at the sea terminal at the
port of loading to the time when they left the sea terminal at
the port of discharge, or caused during any previous or subsequent
period of carriage by sea or waterways, to the extent prescribed
by the applicable Hague Rules as provided in Article 2.
(2) Save as indicated (C) (i) above, with respect to loss
or damage caused during the handling, storage or carriage of the
Goods by Ocean Carrier's Subcontractor, to the extent to which
such Subcontractor would have been liable to the Merchant if he
had made a direct and separate contract with the Merchant in
respect of such handling, storage or carriage, provided, however,
that if the Ocean Carrier is not authorized under any applicable
laws, rules or regulations to undertake such handling, storage,
or carriage under its own responsibility, the Ocean Carrier
shall only be liable for procuring such handling, storage or
carriage. If such handling, storage or carriage occurred in or
between points in Europe, or where otherwise applicable, such
responsibility shall be governed
(a) if by road by the Convention on the Contract for the
International Carriage of Goods by Road, dated 19 May, 1956 (CMR);
(b) if by rail, by the International Convention Concerning
the Carriage of Goods by Rail, dated 25 February, 1961 (CIM);
(c) if by air, by the Convention for the Unification of
Certain Rules Relating to International Carriage by Air, signed
Warsaw 12 October, 1929, as amended by the Hague Protocol dated
28 September, 1955 (Warsaw Convention);
(d) If it is established by the Merchant that an Inland
Carrier is responsible for loss of or damage to or in connection
with the Goods, such responsibility shall be to the extent, but
not further, than the Inland Carrier would have been liabile to
the Merchant if he had made a direct and separate contract with
the Merchant in respect of handling, storage or carriage of the
Goods, as applicable.
(e) Notwithstanding the foregoing Article 7 (A) or 7 (B),
the Ocean Carrier does not undertake that the Goods shall arrive
at the port of discharge or place of delivery at any particular
time or in time to meet any particular market or use, and the
Ocean Carrier shall not be responsible for any direct or indirect
loss or damage that is caused through delay.
(f) If this Bill of Lading is used for Port-to-Port
Transportation, the column indicating final destination on the
face of this Bill of Lading is solely for the purpose of the
Merchant's reference, and the Ocean Carrier's responsibility for
the Goods shall in all cases cease at the time of discharge of
the Goods at the port of discharge.
8. (Liberties)
(A) In any situation whatsoever whether or not existing or
anticipated before commencement of or during the transport, which
in the judgment of the Ocean Carrier (including for the purpose of
this Article the Master and any person charged with the transport
or safekeeping of the Goods) has given or is likely to give rise to
danger, injury, loss, delay, or disadvantage of whatsoever nature to
the Vessel, the Ocean Carrier, a vehicle, any person, the Goods or
any property, or has rendered or is likely to render it in any way
unsafe, impracticable, unlawful, or against the interest of the
Ocean Carrier or the Merchant to commence or continue the trans-
port or to discharge the Goods at the port of discharge or to
deliver the Goods at the place of delivery by the route and in
the manner originally intended by the Ocean Carrier, the Ocean
Carrier
(1) at any time shall be entitled to unpack the container(s)
or otherwise dispose of the Goods in such way as the Ocean Carrier
may deem advisable at the risk and expense of the Merchant and/or
(2) before the Goods are loaded on the Vessel, a vehicle, or
other means of transport at the place of receipt or port of loading,
shall be entitled to cancel the contract of carriage without compen-
sation and to require the Merchant to take delivery of the Goods and,
upon his failure to do so, to warehouse or place them at any place
selected by the Ocean Carrier at the risk and expense of the Merchant
and/or
(3) if the Goods are at a place awaiting transshipment, shall
be entitled to terminate the transport there and to store them at any
place selected by the Ocean Carrier at the risk and expense of the
Merchant, and/or
(4) if the Goods are loaded on the Vessel, a vehicle, or other
means of transport whether or not approaching, entering, or attempting
to enter the port of discharge or to reach the place of delivery or
attempting or commencing to discharge, shall be entitled to discharge
the Goods or any part of them at any port or place selected by the
Ocean Carrier or to carry them back to the port of loading or place
of receipt and there discharge them.
Any actions under (3) or (4) above shall constitute complete and
final delivery and full performance of this contract, and the Ocean
Carrier thereafter shall be free from any responsibility for
carriage of the Goods.
(B) If, after storage, discharge, or any actions according to
subpart (A) above the Ocean 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 the Merchant without
any liability whatsoever in respect of such agency. The Merchant
shall reimburse the Ocean Carrier forthwith upon demand for all
extra freight charges and expenses incurred for any actions taken
according to subpart (A), including delay or expense to the Vessel,
and the Ocean Carrier shall have a lien upon the Goods to that extent.
(C) The situations referred to in subpart (A) above shall include,
but shall not be limited to, those caused by the existence or
apprehension of war declared or undeclared, hostilities, riots,
civil commotions, or other disturbances closure of, obstacle in, or
danger to any port or canal, blockade, prohibition, or restriction
on commerce or trading quarantine, sanitary, or other similar
regulations or restrictions, strikes, lockouts or other labor
troubles whether partial or general and whether or not involving
employees of the Ocean Carrier or its Subcontractors, congestion of
port, wharf, sea terminal, or similar place, shortage, absence or
obstacles of labor or facilities for loading, discharge, delivery,
or other handling of the Goods, epidemics or diseases, bad weather,
shallow water, ice, landslip, or other obstacles in navigation or
carriage.
(D) The Ocean 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 Vessel 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 Vessel, 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 contractual
carriage and shall not be a deviation.
9. (Description and Particulars of Goods) Any reference on the
face of this Bill of Lading to marks, numbers, description, quantity,
quality, gauge, weight, measure, nature, kind, value, and any other
particulars of the Goods, is as furnished by the Merchant. The Ocean
Carrier shall not be responsible for the accuracy of any such
reference and is not bound thereby. The Merchant warrants to the
Ocean Carrier that the descriptions and particulars furnished by
him are correct, and the Merchant shall indemnify the Ocean Carrier
against all loss, damage, expenses, liability, penalties and fines
arising or resulting from inaccuracy of any description or particular.
Merchant acknowledges that it is required to provide verified weights
obtained on calibrated, certified equipment of all cargo that is to
be tendered to steamship lines. Shipper agrees that Carrier is
entitled to rely on the accuracy of such weights and to counter-
sign or endorse it as Carrier s own certified weight to the
steamship line carrying the cargo. The Merchant agrees that it
shall indemnify and hold the Carrier harmless from any and all
claims, losses, penalties or other costs resulting from any
incorrect or questionable verification of the weight provided
by Merchant or its agent or contractor on which the Carrier relies.
10. (Use of Container) When the Goods are not already packed into
a container at the time of receipt by the Ocean Carrier, the Ocean
Carrier shall be at liberty to pack and carry the Goods in any type
of container.
11. (Ocean Carrier's Container)
(A) The Merchant assumes full responsibility for and shall
indemnify the Ocean Carrier against any loss of or damage to the
Ocean Carrier's containers and other equipment if the loss or damage
is caused or occurs while in the possession or control of the
Merchant, his agents, or common carriers engaged by or on behalf
of the Merchant.
(B) The Ocean Carrier shall in no event be liable for, and the
Merchant shall indemnify and hold the Ocean Carrier harmless from,
any death of or injuries to persons, or loss of or damage to
property, caused by the Ocean Carrier's container or its contents
while in the possession or control of the Merchant, his agents, or
common carriers engaged by or on behalf of the Merchant.
12. (Container Packed by Merchant) If the cargo received by the
Ocean or Inland Carrier is in a container packed by or on behalf of
the Merchant:
(A) This Bill of Lading is prima facie evidence of the receipt
only of the number on the face of this Bill of Lading. The condition
and particulars of the contents are unknown to the Ocean and Inland
Carriers, and the Ocean Carrier accepts no responsibility for the
accuracy of the description of condition or particulars.
(B) The Merchant warrants
(1) that the stowage of the contents of the containers and
the closing and sealing of the containers are safe and proper, and
(2) that the containers and their contents are suitable for
handling and carriage in accordance with the terms of this Bill of
Lading, including Article 15. In the event of the Merchant's breach
of any of these warranties, the Merchant and not the Ocean Carrier
shall be responsible for, and the Merchant shall indemnify and hold
Ocean Carrier harmless from, any resulting loss or damage to persons
or property (including the Goods).
(C) The Merchant shall inspect the container when it is furnished
by or on behalf of the Ocean Carrier, and the container shall be
deemed to have been accepted by the Merchant as being in sound and
suitable condition for the purpose of the transport contracted for
in this Bill of Lading, unless the Merchant gives notice to the
contrary, in writing, to the Ocean Carrier before the transport.
(D) If the container is delivered after transport by the Ocean
or Inland Carrier with seals intact, such delivery shall be deemed
to be full and complete performance of the Ocean Carrier's obligation
under this Bill of Lading, and the Ocean Carrier shall not be liable
for any loss of or damage to the contents of the container.
(E) The Ocean and Inland Carrier shall have the right to open
the container and to inspect its contents without notice to the
Merchant, at such time and place as the Ocean or Inland Carrier may
deem necessary, and all expenses incurred therefrom shall be borne
by the Merchant.
(F) If any seal of the container is broken by customs or other
authorities for inspection of its contents, the Ocean Carrier shall
not be liable for any resulting loss, damage or expenses.
13. (Special Carriage or Container)
(A) The Ocean Carrier does not undertake to carry the Goods in
refrigerated, heated, insulated, ventilated, or any other special
hold or container, nor to carry any special container packed by or
on behalf of the Merchant, but the Ocean Carrier will treat such
Goods or container only as ordinary goods or dry container,
respectively, unless:
(1) special arrangements for the carriage of such Goods or
container have been agreed to in writing between the Ocean Carrier
and the Merchant;
(2) such special arrangements are noted on the face of this
Bill of Lading; and
(3) special freights as required has been paid.
The Ocean Carrier shall not be responsible for the function of a
special container supplied by or on behalf of the Merchant.
(B) The Ocean 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 or heating
machinery, insulation, ship's plant, or other such apparatus of the
Vessel or container, provided that the Ocean Carrier shall before or
at the beginning of the transport exercise due diligence to maintain
the special hold or container in an efficient state.
(c) If the Goods have been packed into a refrigerated container
by the Ocean or Inland Carrier, and the particular temperature range
requested by the Merchants is inserted in this Bill of Lading, the
Ocean Carrier will set the thermostatic controls within the requested
temperature range but does not guarantee the maintenance of such
temperature inside the container.
(D) If the cargo received by the Ocean or Inland Carrier is in
a refrigerated container packed by or on behalf of the Merchant, it
is the obligation of the Merchant to stow the contents properly and
set the thermostatic controls exactly. The Ocean Carrier shall not be
liable for any loss of or damage to the Goods arising out of or
resulting from the Merchant's failure in such obligation and Ocean
Carrier does not guarantee the maintenance of the intended
temperature inside the container.
14. (Dangerous Goods, Contraband)
(A) The Ocean Carrier undertakes to carry Goods of an explosive,
inflammable, radioactive, corrosive, damaging, poisonous, or other
dangerous nature only upon the Ocean Carrier's approval of a written
application by the Merchant prior to the carriage of such Goods. Such
application must accurately state the name, nature and classification
of the Goods, as well as how they are dangerous and the method of
rendering them innocuous, together with the full names and addresses
of the shipper and the consignee.
(B) The Merchant shall undertake that the nature and danger of
such Goods is distinctly and permanently marked on the outside of
the package or container containing the Goods.
(C) Merchant shall submit all documents or certificates required
in connection with such Goods by any applicable statue or regulation
or by the Ocean Carrier.
(D) Whenever the Goods are discovered to have been received by
the Ocean or Inland Carrier without complying with subparts (A), (B)
or (C) above, or the Goods are found to be contraband or prohibited
by any law or regulation of any place during the transport, the Ocean
Carrier shall be entitled to have such Goods rendered innocuous,
thrown overboard, discharged, or otherwise disposed of at the Ocean
Carrier's discretion without compensation, and the Merchant shall be
liable for and indemnify the Ocean Carrier against any loss, damage
or liability, including loss of freight, and any other expenses
directly or indirectly arising out of custody or carriage of
such Goods.
(E) The Ocean Carrier may exercise the right conferred upon it
under the preceding subpart whenever it is apprehended that Goods
received in compliance with subparts (A), (B) and (C) above have
become dangerous, even if not dangerous when received by the Ocean
or Inland Carrier.
(F) The Ocean Carrier has the right to inspect the contents of
any package or container at any time and place without the prior
notice to Merchant and at the risk and expense of the Merchant.
15. (Stowage Under and on Deck)
(A) Goods in containers, vans, trailers, or chassis may be
carried under deck or on deck, and when such Goods are carried on
deck, the Ocean Carrier shall not be required to specially note,
mark, or stamp any statement of "on deck stowage" on the face of
this Bill of Lading, any custom to the contrary notwithstanding.
Such on deck carriage shall not be considered a deviation.
(B) Goods stowed in poop, forecastle, deck house, shelter deck,
passenger space, or any other covered-in-space, or stowed in a
container wherever placed, shall be deemed to be stowed under deck
for all purposes including general average.
(C) Lumber, earth moving equipment and all other Goods
customarily or reasonably carried on deck may, at Ocean Carrier's
option, be carried on deck without further notice to Merchant and
without liability to the Ocean Carrier for the risks inherent in or
incident to such carriage. Such on deck carriage shall not be
considered a deviation.
(D) In respect of Goods not in containers and carried on deck,
and stated on this Bill of Lading to be so carried, all risks of
loss or damage from perils inherent in or incident to the custody
or carriage of such Goods shall be borne by the Merchant and in all
other respects the Ocean Carrier shall have the benefit of the
provisions of the applicable version of the Hague Rules (including
U.S. COGSA, notwithstanding Section 1301 (c) thereof) and the terms
of this Bill of Lading.
16. (Live Animals and Plants) With respect to the custody and
carriage of live animals and plants, all risks of loss or damage
by perils inherent in or incident to such carriage shall be borne
by the Merchant, and in all other respects, the Ocean Carrier shall
have the benefit of the provisions of the applicable version of the
Hague Rules (including U.S. COGSA, notwithstanding Section 1301(c)
thereof) and the terms of this Bill of Lading.
17. (Valuable Goods) The Ocean 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 the Merchant, unless the true
nature and value of the Goods have been declared in writing by
the Merchant before receipt of the Goods by the Ocean or Inland
Carrier, the same is inserted on the face of this Bill of Lading
and additional freight has been paid as required.
18. (Heavy Lift)
(A) The weight of a single piece or package exceeding 2,240 lbs.
gross must be declared by the Merchant in writing before receipt by
the Ocean or Inland Carrier and must be marked clearly and durably
on the outside of the piece or package in letters and figures not
less than two inches high.
(B) If the Merchant fails in his obligations under the preceding
subpart
(1) the Ocean Carrier shall not be responsible for any loss
of or damage to in connection with the Goods.
(2) the Merchant shall be liable for resulting loss of or
damage to any person or property, and
(3) Merchant shall indemnify the Ocean Carrier against any
resulting loss, damage, or liability suffered by the Ocean Carrier.
19. (Delivery by Marks)
(A) The Ocean Carrier shall not be liable for failure or
delaying delivery in accordance with marks, unless such marks have
been clearly and durably stamped or marked upon the Goods, package,
or container by the Merchant before they are received by the Ocean
or Inland Carrier, in letters and numbers not less than two inches
high, together with the names of the port of discharge and place
of delivery.
(B) In no circumstances shall the Ocean Carrier be responsible
for delivery in accordance with other than leading marks.
(C) The Merchant warrants that the marks on the Goods, packages
and containers correspond to the marks shown on this Bill of Lading
and also in all respects comply with all laws and regulations in
force at the port of discharge or place of delivery. The Merchant
shall indemnity the Ocean Carrier against all loss, damage or
expenses resulting from inaccuracy or incompleteness of the marks.
(D) Goods that cannot be identified as to marks or numbers,
cargo sweeping liquid residue and any unclaimed goods not otherwise
accounted for may be allocated for the purpose for completing
delivery to the various Merchants of Goods of like character in
proportion to any apparent shortage, loss of weight or damage.
20. (Delivery)
(A) The Ocean Carrier shall have the right to deliver the
Goods at any time at the Vessels side, customhouse, warehouse,
wharf, or any other place designated by the Ocean Carrier, within
the geographic limits of the port of discharge or place of delivery
shown of the face of this Bill of Lading.
(B) The Ocean Carrier's responsibility shall cease when the
Goods have been delivered to the Merchant, Inland Carrier,
connecting carrier or any other person entitled to receive the
Goods on Merchant's behalf at the place designated by the Ocean
Carrier. Delivery of the Goods to the custody of customs or any
other public authority shall constitute final discharge of the
Ocean Carrier's responsibility.
(C) In case the cargo received by the Ocean Carrier in
containers packed by or on behalf of the Merchant
(1) The Ocean Carrier shall only be responsible for delivery
of the total number of containers received.
(2) The Ocean Carrier shall not be required to unpack the
containers and deliver their contents in accordance with brands,
marks, numbers, sizes, or types of items or pieces.
(3) At the Ocean Carriers discretion and upon the Merchant's
request in writing to the Ocean Carrier at least 3 days prior to the
scheduled date of arrival the of Vessel at the port of discharge,
containers may be unpacked and their contents delivered by the Ocean
Carrier in accordance with the written request. In such a case if
the seal of the containers is intact at the time of unpacking all
the Ocean Carrier's obligations under this Bill of Lading shall be
deemed to have been discharged, the Ocean Carrier shall not be
responsible for any loss or damage resulting from such delivery
and the Merchant shall be liable for an appropriate adjustment of
the freight and any additional charges incurred.
(D) If the Goods have been packed into a container by the Ocean
Carrier shall unpack the container and deliver its contents and the
Ocean Carrier shall not be required to deliver the Goods in the
container. At the Ocean Carrier's discretion, and subject to prior
arrangement between the Merchant and the Ocean Carrier the Goods may
be delivered to Merchant in the container, in which case if the
container is delivered with seals intact all the Ocean Carrier's
obligations under this Bill of Lading shall be deemed to have been
discharged, and the Ocean Carrier shall not be responsible for any
loss or damage to the contents of the container.
(E) Optional delivery shall be granted only when arranged prior
to the time of receipt of the Goods by Ocean Carrier and if expressly
stated on the face of this Bill of Lading. The Merchant desiring to
avail himself of the option so expressed must give notice in writing
to the Ocean Carrier at the first port of call named in the option
at least 48 hours prior to the Vessel's arrival there, otherwise the
Goods shall be landed at any of the optional ports at Ocean Carrier's
option, and the Ocean Carrier's responsibility shall then cease.
(F) Ocean Carrier is not responsible to give notification, in
writing or otherwise, either to Merchant or others, of the arrival,
discharge, or disposition of Goods, any custom or agreement to the
contrary notwithstanding, and notwithstanding any notation on the
face of this Bill of Lading, concerning notification or a notify
party.
21. (On-Carriage and Forwarding)
(A) Whether arranged beforehand or not, the Ocean Carrier shall
be at liberty without notice to carry the Goods wholly or partly by
the named or any other Vessel, craft barge, or other means of
transport by water, land or air, whether or not owned or operated
by the Ocean Carrier.
(B) The Ocean Carrier may under any circumstances whatsoever
discharge the Goods or any part of them at any port or place for
transshipment and store them afloat or ashore and then forward them
by any means of transport.
(C) If the Goods cannot be found at the port of discharge or
place of delivery, or if they be miscarried, they, when found, may
be forwarded to their intended port of discharge or place of
delivery at the Ocean Carrier's expense, but the Ocean Carrier
shall not be liable for any loss, damage, delay, or depreciation
arising from such forwarding.
(D) In case of Port-to-Port Transportation, transshipment of
cargo, or receipt of cargo from ports or inland points not included
within the ship's itinerary or the Ocean Carrier's service, is to be
at the sole risk and expense of the Merchant, and neither the Ocean
Carrier not its Vessel shall be deemed to be the agent or principal
of a prior or subsequent carrier notwithstanding the issuance by
the Ocean Carrier of a bill of lading, receipt, or other shipping
document at a time or place prior to that at which the Goods are
received by the Ocean Carrier.
22. (Fire) The Ocean Carrier shall not be responsible for any loss
of or damage to the Goods arising from fire occurring at any time,
even though before loading on or after discharge from the Vessel,
unless caused by the actual fault or privity of the Ocean Carrier.
23. (Lien) Carrier shall have a lien on any and all property (and
documents relating thereto) of Merchant in its actual or construc-
tive 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, which
lien shall survive delivery, 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.
24. (Freight and Charges)
(A) Freight may be calculated on the basis of the particulars
of the Goods furnished by the Merchant, who shall be deemed to have
guaranteed to the Ocean Carrier the accuracy of the contents, weight,
measure, or value as furnished by him at the time of receipt of the
Goods by the Ocean or Inland Carrier, but the Ocean Carrier for the
purpose of ascertaining the actual particulars may at any time and
at the risk and expense of the 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, the Merchant shall be liable for
and bound to pay to the Ocean Carrier:
(1) the balance of freight between the freight charged and
that which would have been due had the correct details been given,
plus
(2) expenses incurred in determining the correct details, plus
(3) as liquidated and ascertained damages, an additional sum
equal to the correct freight.
(B) Full freight to the port of discharge or place of delivery
shall be considered as completely earned on receipt of the Goods by
the Ocean Carrier, whether the freight be stated or intended to be
prepaid or to be collected at destination. The Ocean Carrier shall
be entitled to all freight and other charges due hereunder, whether
actually paid or not and to receive and retain such freight and
charges under any circumstances, whether the Vessel and/or the Goods
be lost or not, or the voyage be broken up, frustrated, or abandoned
at any stage of the entire transit. Full freight shall be paid on
damaged or unsound Goods.
(C) The Payment of freight and/or charges shall be made in full
and in cash without any offset, counter claim, or deduction. Where
freight is payable at the port of discharge or place of delivery,
such freight and all other charges shall be paid in the currency
named in this Bill of Lading, or, at Ocean Carrier's option, in
other currency subject to the regulators of the freight conference
concerned, if any, or custom at the place of payment.
(D) Goods once received by the Ocean Carrier cannot be taken
away or disposed of by the Merchant except upon the Ocean Carrier's
consent and after payment of full freight and compensation for any
loss sustained by the Ocean Carrier through such taking away or
disposal.
(E) If the Goods are not available when the Vessel is ready
to load:
(1) The Ocean Carrier is relieved of any obligation to load
such Goods and the Vessel may leave the port without further notice.
(2) Unless the unavailability arises in the course of
combined transport and is caused by the failure of an Inland Carrier
to perform its obligations under this Bill of Lading, dead freight
shall be paid by the Merchant.
(F) The Merchant shall be liable for and shall indemnify the
Ocean Carrier against:
(1) all dues, duties, taxes, consular fees, and other charges
levied on the Goods, and
(2) all fines, damages and losses sustained by the Ocean
Carrier in connection with Goods, howsoever caused, including the
Merchant's failure to comply with laws and regulations of any public
authority in connection with the Goods, or failure to procure
consular, Board of Health, or other certificates to accompany the
Goods. The Merchant shall be liable for return freight and charges
on any Goods refused exportation or importation by any public
authority.
(G) If the Ocean Carrier is of the opinion that the Goods are in
need of sorting, inspecting, mending, repairing, or reconditioning,
or otherwise require protecting or caring for, the Ocean Carrier at
its discretion may, by itself or through Subcontractors, and as
agent for the Merchant, carry out such work at the risk and expense
of the Merchant.
(H) The shipper, consignor, consignee, owner of the Goods and
holder of this Bill of Lading shall be jointly and severally liable
to the Ocean Carrier for the payment of all freight and charges and
for the performance of the obligations of any of them under this
Bill of Lading.
25. (Notice of Claim and Time for Suit against Ocean Carrier)
(A) Unless notice of loss or damage and the general nature of
such loss or damage be given in writing to the Ocean 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 is not apparent,
within 3 days after delivery, the Goods shall be deemed to have been
delivered as described in this Bill of Lading.
(B) The Ocean Carrier shall be discharged from all liability in
respect of the Goods, including without limitation non-delivery,
misdelivery, delay, loss, or damage, unless suit has been brought
within one year after delivery of the Goods or the date when the
Goods should have been delivered. Suit shall not be considered to
have been "brought" within the time specified unless process shall
have been served and jurisdiction obtained over the Ocean Carrier
within such time.
26. (Limitation of Liability)
(A) Subject to subpart (B) below for the purpose of determining
the extent of the Ocean Carrier's liability for loss of or damage to
the Goods, the Merchant agrees that the value of the Goods is the
Merchant's net invoice cost, plus freight and insurance premium, if
paid. The Ocean Carrier shall not be liable for any loss of profit
or any consequential loss.
(B) Insofar as the loss of or damage to or in connection with
the Goods was caused during the part of the custody or carriage to
which the applicable version of the Hague Rules applies:
(1) The Ocean Carrier shall not be liable for loss or
damage in an amount exceeding the minimum allowable per package
or unit in the applicable version of the Hague Rules, which when
U.S. COGSA is applicable is an amount not exceeding U.S. $500 per
package or customary freight unit, unless the value (and nature) of
Goods higher than this amount has been declared in writing by the
Merchant before receipt of the Goods by the Ocean Carrier and
inserted on the face of this Bill of Lading and extra freight has
been paid as required. If the actual value of the Goods per package
or unit exceeds such declared value, the value shall nevertheless be
deemed to be the declared value, and the Ocean Carrier's liability,
if any, shall not exceed the declared value. Any partial loss or
damage shall be adjusted pro rata on the basis of such declared
value. If the declared value has been willfully misstated or is
markedly higher than the actual value, the Ocean Carrier shall not
be liable to pay any compensation.
(2) Where the cargo has been packed into a container or
unitized into a similar article of transport by or on behalf of the
Merchant, it is expressly agreed that the number of such containers
or similar articles of transport shown on the face of this Bill of
Lading shall be considered as the number of the packages or units
for the purpose of the application of the limitation of liability
provided for in this Article.
27. (General Average: New Jason Clause)
(A) General average shall be adjusted, stated and settled at
any port or place as the Ocean Carrier's option and according to the
York-Antwerp Rules, 1974 and as to matters not provided for by these
Rules, according to the laws and usages of the port or place of
adjustment and in the currency selected by the Ocean Carrier. The
general average statement shall be prepared by the adjusters
appointed by the Ocean Carrier. Average agreement or bond and such
cash deposit as the Ocean Carrier may deem sufficient to cover the
estimated contribution of the Goods and any salvage and special
charges thereon and any other additional securities as the Ocean
Carrier may require shall be furnished by the Merchant to the Ocean
Carrier before delivery of the Goods.
(B) In the event of accident, danger, damage, or disaster before
or after commencement of the voyage, resulting from any cause
whatsoever, whether due to negligence or not for which or for the
consequence of which the Ocean Carrier isn't responsible by statute,
contract, or otherwise, the Goods and the Merchant shall jointly and
severally contribute with the Ocean Carrier in general average to
the payment of any sacrifices, loss, or expenses of a general
average nature that may be made or incurred, and shall pay salvage
and special charges incurred in respect of the Goods. If a salvage
ship is owned or operated by the Ocean Carrier, salvage shall be
paid for as fully and in the same manner as if such salvaging ship
belonged to strangers.
28. (Both to Blame Collision) If the Vessel comes into collision
with another ship as a result of the negligence of the other ship
and any act, neglect, or default of the Master, mariner, pilot, or
servants of the owner of the Vessel in the navigation or in the
management of the Vessel, the Merchant shall indemnify the Ocean
Carrier against all loss or liability which might be incurred
directly or indirectly to the other or non-carrying ship or her
owners insofar as such loss or liability represents loss of or
damage to his Goods or any claim whatsoever of the Merchant paid
or payable by the other or non-carrying ship or her owners to the
Merchant and set-off, recouped, or recovered by the other or
non-carrying ship or her owners as part of their claim against
the carrying Vessel or its owner. The foregoing provisions shall
also apply 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 in respect of a collision contact,
stranding or other accident.
29. (Carriage of Metal Products, Lumber, Cotton)
(A) The term "apparent good order and condition" when used in
this Bill of Lading does not mean:
(1) with reference to iron, steel, or metal products, that
the Goods when received were free from visible rust or moisture.
(2) with reference to lumber, timber, plywood, or other
wood products, that the Goods when received were free from visible
stains, discoloration, moisture, shakes, holes, chaffed, breakage or
splitting.
If the Merchant so requests a substitute bill of lading will be
issued setting forth any notations as to the foregoing that may
appear on the mate's or tally clerk's receipts or similar document.
(B) Description of the condition of cotton cargo does not relate
to the sufficiency or not or condition of the covering nor to any
damage, resulting therefrom. Ocean Carrier shall not be responsible
for any such damage.
30. (Grain) Discharge of grain received by the Ocean Carrier in
bulk may be in port, on barges, and or lighters, or elsewhere, using
or not using elevators, and such discharge shall constitute a
sufficient delivery by the Carrier. Thereafter said grain shall
be at the risk and expense of the Merchant.
31. (Intermodal Transportation)
(A) This Bill of Lading may be issued for Intermodal Transpor-
tation in any country. When so issued as between the Merchant and
an Inland Carrier custody and carriage of the Goods by the Inland
Carrier are subject to the relevant laws, regulations, tariffs and
bill of lading are available from the Ocean or Inland Carrier upon
request.
(B) Claims by the Merchant against an Inland Carrier for loss or
damage shall be given and suit commenced as provided in the Inland
Carrier's applicable bill of lading.
32. (Ocean Carrier's Tariff) This Bill of Lading is subject to the
Ocean Carrier's applicable tariff. Copies of the applicable tariff
are obtainable from the Ocean Carrier upon request.
33. (Severability of Terms) The terms of this Bill of Lading
are severable and if any part or term is declared invalid or
unenforceable, the validity or enforceability, of any other part
or term shall not be affected.
34. (Himalaya Clause) All exceptions, exemptions, defenses,
immunities, limitations on liability, privileges and conditions
granted or provided by this Bill of Lading or by applicable tariff
or by statute or for the benefit of the Carrier shall also apply
to and for the benefit of the officers and employees of the Carrier
and the agents, officers and crew of the Vessel and to and for the
benefit of all parties performing services in connection with the
Goods as agents or contractors of the Carrier (including, without
limitation, stevedores, terminal operators and agents) and the
employees of each them.
