RULE: 8 - BILL(S) OF LADING Eff: 13NOV2020

Effective 13NOV2020
Filed 13NOV2020
Filing Codes I

Received by the Carrier for shipment by ocean vessel between port of
loading and port of discharge, and for arrangement or procurement
of pre -carriage from place of receipt and on carriage to place of
delivery, where stated above, the goods as specified above in
apparent good order and condition unless otherwise stated. The
goods to be delivered at the above-mentioned port of discharge
or place of delivery, whichever is applicable, subject always
to the exceptions, limitations, conditions and liberties set
out on the reverse side hereof, to which the Shipper and/or 
Consignee agree to accepting this Bill of Lading
	
IN WITNESS WHEREOF Three (3) Original Bills of Lading have been
signed, not otherwise stated above, one of which being accomplished
the others shall be void.
	
Bill of Lading
	
I.  GENERAL PROVISIONS
    1.  Applicability.
    Notwithstanding the heading "Combined Transport , the provisions
set out and referred to in this Bill of Lading shall also apply, if
the transport as described in this Bill of Lading is performed by
 one mode of transport only.
    2.  Definitions.
    "Carrier" means the party on whose behalf this Bill of Lading
has been signed.
    "Merchant" includes the Shipper, the Receiver, the Consignor,
the Consignee, the holder of this Bill of Lading and the owner of
the goods.
    3.  Carrier's Tariff.
    The terms of the Carrier's applicable Tariff at the date of
shipment are incorporated herein. Copies of the relevant provisions
of the applicable Tariff are available from the Carrier upon request.
In the case of inconsistency between this Bill of Lading and the
applicable Tariff, this Bill of Lading shall prevail.
    4.  Time Bar.
    All liability whatsoever of the Carrier shall cease unless suit
is brought within 9 months after delivery of the goods or the date
when the goods should have been delivered.
    5.  Law and Jurisdiction.
    Disputes arising under this Bill of Lading shall be determined
by the courts and in accordance with the law at the place where the
Carrier has his principal place of business.
	
II. PERFORMANCE OF THE CONTRACT
    6. Methods and Routes of Transportation.
    (1) The Carrier is entitled to perform the transport and
all services related thereto in any reasonable manner and by any
reasonable means. methods and routes.
    (2) In accordance herewith, for instance, in the event of
carriage by sea, vessels may sail with or without pilots, undergo
repairs, adjust equipment, drydock and tow vessels in all situations.
    7. Optional Stowage.
    (1) Goods may be stowed by the Carrier by means of containers,
trailers, transportable tanks, flats, pallets, or similar articles
of transport used to consolidate goods.
    (2) Containers. trailers, transportable tanks and covered
flats, whether stowed by the Carrier or received by him in a stowed
condition from the Merchant, may be earned on or under deck without
notice to the Merchant.
    8. Hindrances etc. Affecting Performance.
    (1) The Carrier shall use reasonable endeavours to complete
the transport and to deliver the goods at the place designated for
delivery.
    (2) If at any time the performance of the contract as evidenced
by this Bill of Lading is or will be affected by any hindrance,
risk, delay, difficulty or disadvantage of whatsoever kind, and if
by virtue of sub-clause 8(1) the Carrier has no duty to complete the
performance of the contract, the Carrier (whether or not the transport
is commenced) may elect to:
    (a) treat the performance of this Contract as terminated and
place the goods at the Merchant's disposal at any place which the
Carrier shall deem safe and convenient; or
    (b) deliver the goods at the place designated for delivery.
    (3) If the goods are not taken delivery  of by the Merchant
within a reasonable time after the Carner has called upon him to
take delivery, the Carrier shall be at liberty to put the goods in
safe custody on behalf of the Merchant at the latter's risk and
expense.
    (4) In any event the Carrier shall be entitled to full freight
for goods received for transportation and additional compensation
for extra costs resulting from the circumstances referred to above.
	
III. CARRIER'S LIABILITY
     9. Basic Liability.
     (1) The Carrier shall be liable for loss of or damage to the
goods occurring between the time when he receives the goods into his
charge and the time of delivery.
     (2) The Carrier shall be responsible for the acts and omissions
of any person of whose services he makes use for the performance of
the contract of carriage evidenced by this Bill of Lading.
     (3) The Carrier shall, however, be relieved of liability for
any loss or damage if such loss or damage arose or resulted from:
     (a) The wrongful act or neglect of the Merchant;
     (b) Compliance with the instructions of the person entitled
     to give them;
     (c) The lack of, or defective conditions of packing in the
case of goods which, by their nature, are liable to wastage or to
be damaged when not packed or when not properly packed;
     (d) Handling, loading, stowage or unloading of the goods by
or on behalf of the Merchant;
     (e) Inherent vice of the goods;
     (f) Insufficiency or inadequacy of marks or numbers on the
goods, covering, or unit loads;
     (g) Strikes or lock outs or stoppages or restraints of labour
from whatever cause whether partial or general; OR
     (h) Any cause or event which the Carrier could not avoid and
the consequence whereof he could not prevent by the exercise of
reasonable diligence.
     (4) Where under sub-clause 9(3) the Carrier is not under any
liability in respect of some of the factors causing the loss or
damage, he shall only be liable to the extent that those factors
for which he is liable under this Clause to have contributed to
the loss or damage.
     (5) The burden of proving that the oss or damage was due to
one or more of the causes or events, specified in (a), (b) and (h)
of sub-clause 9(3) shall rest upon the Carrier.
     (6) When the Carrier establishes that in the circumstances of
the case, the loss or damage could be attributed to one or more of
the causes or events, specified in (c) to (g) of sub-clause 9(3),
it shall be presumed that it was so caused. The Merchant shall,
however, be entitled to prove that the loss or damage was not,
in fact, caused either wholly or partly by one or more of the
causes or events.
     10. Amount of Compensation.
     (1) When the Carrier is liable for compensation in respect
of loss of or damage to the goods, such compensation shall be
calculated by reference to the value of such goods at the place
and time they are delivered to the Merchant in accordance with the
contract or should have been so delivered.
     (2) The value of the goods shall be fixed according to the
commodity exchange price or, if there be no such price, according
to the current market price or, if there be no commodity exchange
price or current market price, by reference to the normal value of
goods of the same kind and quality.
     (3)Compensation shall not, however, exceed two Special Drawing
Rights per kilogramme of gross weight of the goods lost or damaged.
     (4) Higher compensation may be claimed only when, with the
consent of the Carrier, the value for the goods declared by the
Shipper which exceeds the limits laid down in this Clause has been
stated on the face of this Bill of Lading at the place indicated.
In that case the amount of the declared value shall be substituted
for that limit.
     11. Special Provisions for Liability and Compensation.
     (1) Notwithstanding anything provided for in Clauses 9 and 10
of this Bill of Lading, if it can be proved where the loss or damage
occurred, the Carrier and the Merchant shall, as to the liability of
the Carrier, be entitled to require such liability to be determined
by the provisions contained in any international convention or
national law, which provisions:
     (a) cannot be departed from by private contract, to the
detriment of the claimant, and
     (b) would have applied if the Merchant had made a separate
and direct contract with the 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
if such international convention or national law shall apply.
     (2) Insofar as there is no mandatory law applying to carriage
by sea by virtue of the provisions of sub-clause 11 (1), the
liability of the Carrier in respect of any carriage by sea shall
be determined by the International Brussels Convention 1924 as
amended by the Protocol signed at Brussels on February 23rd 1968
- The Hague/Visby Rules. The Hague/Visby Rules shall also determine
the liability of the Carrier in respect of carriage by inland water-
ways as if such carriage were carriage by sea. Furthermore, they
shall apply to all goods, whether carried on deck or under deck.
     12. Delay, Consequential Loss, etc.
     (1) The Carrier shall not be liable in any capacity, whatsoever,
for any delay, non-delivery, misdelivery or other loss or damage to
or in connection with the Goods occurring at any time contemplated
under Clause 9(1) .
     (2) If the Carrier is held liable for delay, non-delivery,
misdelivery or other loss or damage to or in connection with the
Goods as described above in subdivision 1, such liability shall in
no case exceed the freight for the transport covered by this
document.
     13. Notice of Loss of or Damage to the Goods.
     (1) Unless notice of loss of or damage to the goods, specifying
the general nature of such loss or damage, is given in writing by
the Merchant to the Carrier when the goods are handed over to the
Merchant, such handing over is prima facie evidence of the Delivery
by the Carrier of the goods as described in this Bill of Lading.
     (2) Where the loss or damage is not apparent, the same prima
facie effect shall apply if notice in writing is not given within
three (3) consecutive days after the day when the goods were handed
over to the Merchant.
     14. Defences and Limits for the Carrier, Servants, etc.
     (1) The defences and limits of liability provided for in this
Bill of Lading shall apply in any action against the Carrier for
loss or damage to the goods whether the action can be founded in
contract or in tort.
     (2) The Carrier shall not be entitled to the benefit of the
limitation of liability provided for in sub-clause 10(3), if it is
proved that the loss or damage resulted from a personal act or
omission of the Carrier done with intent to cause such loss or
damage or recklessly and with knowledge that damage would probably
result.
     (3) The Merchant undertakes that no claim shall be made against
any servant, agent or other persons whose services the Carrier has
used in order to perform this Contract and if any claim should never-
theless be made, to indemnify the Carrier against all consequences
thereof.
     (4) However, the provisions of this Bill of Lading apply
whenever claims relating to the performance of this Contract are
made against any servant, agent or other person whose services the
Carrier has used in order to perform this Contract, whether such
claims are founded in contract or in tort. In entering into this
Contract, the Carrier, to the extent of such provisions, does so
not only on his own behalf but also as agent or trustee for such
persons. The aggregate liability of the Carrier and such persons
shall not exceed the limits in Clauses 10, 11 and 24, respectively.
	
IV. DESCRIPTION OF GOODS
    15. Carrier's Responsibility.
    The information in this Bill of Lading shall be prima facie
evidence of the taking in charge by the Carrier of the goods as
described by such information unless a contrary indication, such as
"shipper's weight, load and count", "Shipper - packed container" or
similar expressions, have been made in printed text or superimposed
on the Bill of Lading. Proof to the contrary shall not be admissible
when the Bill of Lading has been transferred, or the equivalent
electronic data interchange message has been transmitted to and
acknowledged by the Consignee who in good faith has relied and
acted thereon.
    16. Shipper's Responsibility.
    The Shipper shall be deemed to have guaranteed to the Carrier the
accuracy, at the time the goods were taken in charge by the Carrier,
of the description of the goods, marks, number. quantity and weight,
as furnished by him, and the Shipper shall defend, indemnify and hold
harmless the Carrier against all loss, damage and expenses arising or
resulting from inaccuracies in or inadequacy of such particulars. The
right of the Carrier to such indemnity shall in no way limit his
responsibility and liability under this Bill of Lading to any person
other than the Shipper. The Shipper shall remain liable even if the
Bill of Lading has been transferred by him.
    17. Shipper-Packed Containers, etc.
    (1) If a container has not been filled, packed or stowed by the
Carrier, the Carrier shall not be liable for any loss of or damage
to its contents and the Merchant shall cover any loss or expense
incurred by the Carrier, if such loss, damage or expense has been
caused by:
    (a) negligent filling, packing or stowing of the container;
    (b) the contents being unsuitable for carriage in container; or
    (c) the unsuitability or defective condition of the container
unless the container has been supplied by the Carrier and the
unsuitability or defective condition would not have been apparent
upon reasonable inspection at or prior to the time when the
container was filled, packed or stowed.
    (2) The provisions of sub-clause(1) of this Clause also apply
with respect to trailers, transportable tanks, flats and pallets
which have not been filled, packed or stowed by the Carrier.
    (3) The Carrier does not accept liability for damage due to the
unsuitability or defective condition of reefer equipment or trailers
supplied by the Merchant.
    18. Dangerous Goods.
    (1) The Merchant shall comply with all internationally
recognized requirements and all rules which apply according to
national law or by reason of international Convention, relating to
the carriage of goods of a dangerous nature, and shall in any event
inform the Carrier in writing of the exact nature of the danger
before goods of a dangerous nature are taken into charge by the
Carrier and indicate to him if need be, the precautions to be taken.
    (2) Goods of a dangerous nature which the Carrier did not know
were dangerous, may, at any time or place, be unloaded, destroyed,
or rendered harmless, without compensation; further, the Merchant
shall be liable for all expenses, loss or damage arising out of
their handing over for carriage or of their carriage.
    (3) If any goods shipped with the knowledge of the Carrier
as to their dangerous nature shall become a danger to any person
or property, they may in like manner be landed at any place or
destroyed or rendered innocuous by the Carrier without liability
on the part of the Carrier except to General Average, if any.
    19. Return of Containers.
    (1) For the purpose of this Clause the Consignor shall mean
the person who concludes this Contract with the Carrier and the
Consignee shall mean the person entitled to receive the goods
from the Carrier.
    (2) Containers, pallets or similar articles of transport
supplied by or on behalf of the Carrier shall be returned to the
Carrier in the same order and condition as handed over to the
Merchant, normal wear and tear excepted, with interiors clean and
within the time prescribed in the Carrier's tariff or elsewhere.
    (3)(a) The Consignor shall be liable for any loss of, damage
to, or delay, including demurrage, of such articles, incurred
during the period between handing over to the Consignor and return
to the Carrier for carriage.
       (b) The Consignor and the Consignee shall be jointly and
severally liable for any loss of, damage to, or delay, including
demurrage, of such articles, incurred during the period between
handing over to the Consignee and return to the Carrier.
	
V.  FREIGHT AND LIEN
    20. Freight.
    (1) Freight shall be deemed earned when the goods have been
taken in charge by the Carrier and shall be paid in any event.
    (2) The Merchant's attention is drawn to the stipulations
concerning currency in which the freight and charges are to be paid,
rate of exchange, devaluation and other contingencies relative to
freight and charges in the relevant tariff conditions. If no such
stipulation as to devaluation exists or is applicable the following
shall apply:
    If the currency in which freight and charges are quoted
    is devalued between the date of the freight agreement and
    the date when the freight and charges are paid, then all
    freight and charges shall be automatically and immediately
    increased in proportion to the extent of the devaluation
    of the said currency.
    (3)For the purpose of verifying the freight basis, the Carrier
reserves the right to have the contents of containers, trailers or
similar articles of tranport inspected in order to ascertain the
weight, measurement, value, or nature of the goods.
    21. Lien.
    The carrier and his agent (as named on the reverse side of this
document) shall have a lien on the goods and any documents relating
thereto for any amount due to them, at any time from the merchant
including the costs of recovering same, and may enforce such lien
in any reasonable manner including sale or disposal of the goods.
	
VI. MISCELLANEOUS PROVISIONS
    22. General Average.
    (1) General Average shall be adjusted at any port or place at
the Carrier's option, and to be settled according to the York-Antwerp
Rules 1994, or any modification thereof, this covering all goods,
whether carried on or under deck. The New Jason Clause as approved
by BIMCO to be considered as incorporated herein.
    (2) Such security including a cash deposit as the Carrier may
deem sufficient to cover the estimated contribution of the goods and
any salvage and special charges thereon, shall, if required, be
submitted to the Carrier prior to delivery of the goods.
    23. Both-to- Blame Collision Clause.
    The Both-to-Blame Collision Clause as adopted by BIMCO shall be
considered incorporated herein.
    24. U. S. Trade.
    (1) In case the contract evidenced by this Bill of Lading is
subject to the Carriage of Goods by Sea Act of the United States of
America, 1936 (U.S. COGSA), then the provisions stated in the said
Act shall govern before loading and after discharge and throughout
the entire time the goods are in the Carrier's custody.
    (2) If the U. S. COGSA applies, and unless the nature and value
of the goods have been declared by the shipper before the goods have
been handed over to the Carrier and inserted in this Bill of Lading,
the Carrier shall in no event be or become liable for any loss of or
damage to the goods in an amount exceeding USD 500 per package or
customary freight unit.

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