RULE: 8 - BILL(S) OF LADING Eff: 20SEP2021

Effective 20SEP2021
Filed 20SEP2021
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. 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:
	
BILL OF LADING
FOR PORT TO PORT SHIPMENT OR FOR COMBINED TRANSPORT 
	
DEFINITIONS
Merchant" means and includes the Shipper, the Consignor, the Holder
of this Bill of Lading, the Receiver and the Owner of the Goods.
	
"Carrier" means the issuer of this Bill of Lading as named on the
face of it.
	
"Hague Rules" means the provisions of the International Convention
for Unification of certain Rules relating to Bills of Lading signed
at Brussels on 25th August 1924.
	
"Hague-Visby Rules means the Hague Rules as amended by the Protocol
signed at Brussels on 23rd February 1968.
	
"Hamburg Rules" means the provisions of the United Nations
Convention on the Carriage of Goods by Sea 1978.
	
"COGSA 1991" means the Carriage of Goods by Sea Act 1991 of
Australia dated 1st November 1991.
	
"COGSA 1971/92" means the Carriage of Goods by Sea Act of the United
Kingdom dated 8th April 1971 and also includes the provisions of the
Act dated 16th July 1992.
	
"COGSA 1936" means the Carriage of Goods by Sea Act of the United
States of America approved on 16th April 1936.
	
"COGWA 1993" means the Carriage of Goods by Water Act of Canada
dated May 6th 1993.
	
"SDRS means Special Drawing Rights as defined by the International
Monetary Fund.
	
"Container" includes any type of Container, Trailer, Flat or Unit
Load Device.
	
"Person" includes an individual, a firm and a body corporate.
	
	
CONDITIONS
1. APPLICABILITY
The provisions set out and referred to in this document shall apply
if the transport as described on the face of the Bill of Lading is
Port to Port or Combined Transport.
	
2. CARRIERS TARIFF
The provisions of the Carrier's applicable Tariff, if any, are
incorporated herein. Copies of such provisions are obtainable from
the Carrier or his agents upon request or, where applicable, from a
government body with whom the Tariff has been filed. In the case of
inconsistency between this Bill of Lading and the applicable Tariff,
this Bill of Lading shall prevail.
	
3. WARRANTY
The Merchant warrants that in agreeing to the terms hereof he is the
agent of and has the authority of the person owning or entitled to
the possession of the Goods or any person who has a present or
future interest in the Goods.
	
4. NEGOTIABILITY AND TITLE TO THE GOODS
(1) This Bill of Lading shall be non-negotiable unless made "to
order" in which event it shall be negotiable and shall constitute
title to the Goods and the holder shall be entitled to receive or
to transfer the Goods herein described.
(2) This Bill of Lading shall be prima facie evidence of the taking
in charge by the Carrier of the Goods as herein described. However,
proof to the contrary shall not be admissible when this Bill of
Lading has been negotiated or transferred for valuable consideration
to a third party acting in good faith.
	
5. ISSUANCE OF THIS BILL OF LADING
By issuance of this Bill of Lading the Carrier assumes liability as
set out in these Conditions and
(1) For Port to Port or Combined Transport, undertakes to perform
and/or in his own name to procure the performance of the entire
transport, from the place at which the Goods are taken in charge
to the place designated for delivery in this Bill of Lading.
(2) For the purposes and subject to the provisions of this Bill
of Lading, 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 evidenced by this Bill of Lading,
but see clause 26 below.
(3) When issued on a Port to Port Basis, the responsibility of the
Carrier is limited to that part of the Carriage from and during
loading onto the vessel up to and during discharge from the vessel
and the Carrier shall not be liable for any loss or damage
whatsoever in respect of the Goods or for any other matter arising
during any other part of the Carriage even though charges for the
whole Carriage have been charged by the Carrier. The Merchant
constitutes the Carrier as agent to enter into contracts on behalf
of the Merchant with others for transport, storage, handling or
any other services in respect of the Goods prior to loading and
subsequent to discharge of the Goode from the vessel without
responsibility for any act or omission whatsoever on the part of
the Carrier or others and the Carrier may as such agent enter into
contract with others on any terms whatsoever including terms less
favourable than the terms in this Bill of Lading.
	
6. DANGEROUS GOODS INDEMNITY
(1)The Merchant shall comply with the rules which are mandatory
according to the National Law or by reason of International
Convention, relating to the carriage of Goods of a dangerous
nature, and shall in any case inform the Carrier in writing of
the exact nature of the danger, before Goods of a dangerous nature
are taken in charge by the Carrier and indicate to him, if need be,
the precautions te be taken.
(2) If the Merchant fails to provide such information and the
Carrier is unaware of the dangerous nature of the Goods and the
necessary precautions to be taken and if, at the time, they are
deemed to be a hazard to life or property, they may at any place
be unloaded, destroyed or rendered harmless, as circumstances may
require, without compensation, and the Merchant shall be liable for
all loss, damage, delay or expenses arising out of their being taken
in charge, or their carriage, or of any services incidental thereto.
(3)If any Goods shipped with the knowledge of the Carrier as to
their dangerous nature shall become a danger to the vessel, vehicle
or cargo, they may in like manner be unloaded or landed at any place
or destroyed or rendered innocuous by the Carrier, without liability
on the part of the Carrier, except General Average, if any.
	
7. DESCRIPTION OF GOODS AND MERCHANTS PACKING
(1) The Merchant 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, numbers, quantity,
weight and/or volume as furnished by him, and the Merchant 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
obligation from the Merchant shall in no way limit his responsi-
bility and liability under this Bill of Lading to any person other
than the Merchant.
(2) Without prejudice to Clause 8(A)(2)(c), the Merchant shall
be liable for any loss, damage or injury caused by faulty or
insufficient packing of Goods or by faulty loading or packing
within containers and trailers and on flats when such loading or
packing has been performed by the Merchant or on behalf of the
Merchant by a person other than the Carrier, or by defect or
unsuitability of the containers, trailers or flats, when supplied
by the Merchant, and shall defend, indemnify and hold harmless the
Carrier against any additional expenses so caused.
(3) It is agreed that superficial rust, oxidation or any like
condition due to moisture is not a condition of damage but is
inherent to the nature of the Goods and acknowledgement of the
receipt of the Goods in apparent good order and condition is not
a representation that such conditions of rust, oxidation or the like
did not exist on receipt.
(4) (a) The Merchant undertakes not to tender for transportation any
Goods which require temperature control without previously giving
written notice of their nature and particular temperature range to
be maintained and in the case of a temperature controlled Container
stuffed by or on behalf of the Merchant further undertakes that the
Goods have been properly stuffed in the Container and that its
thermostatic controls have been properly set by the Merchant before
receipt of the Goods by the Carrier. If the said requirements are
not complied with, the Carrier shall not be liable for any loss of
or damage to the Goods by such non-compliance.
(b) The Carrier shall not be liable for any loss of or damage to the
Goods arising from latent defects, derangement, breakdown, stoppage
of the temperature controlling machinery, plant insulation or any
apparatus of the Containers, provided that the Carrier shall before
or at the beginning of the transport exercise due diligence to
maintain the temperature controlled Container in an efficient state.
	
8. EXTENT OF LIABILITY
A. (1) The Carrier shall be liable for loss or damage to the Goods
occurring between the time when he takes he Goods into his charge
and the time of delivery.
(2) The Carrier shall, however, be relieved of liability for any
loss or damage if such loss or damage was caused by
(a) an act or omission of the Merchant, or person other than the
Carrier acting on behalf of the Merchant or from whom the Carrier
took the Goods in charge;
(b) insufficiency or defective condition of the packaging or marks
and/or numbers;
(c) handling, loading, storage or unloading of the Goods by the
Merchant or any person acting on behalf of the Merchant;
(d) inherent vice of the Goods;
(e) strike, lockout, stoppage or restraint of labour, the
consequences of which the Carrier could not avoid by the exercise
of reasonable diligence;
(f) a nuclear incident if the operator of a nuclear installation
or a person acting for him is liable for this damage under an
applicable International Convention or National Law governing
liability in respect of nuclear energy;
(g) any cause or event which the Carrier could not avoid and the
consequences whereof he could not prevent by the exercise of
reasonable diligence.
(3) The burden of proving that the loss or damage was due to one or
more of the above causes or events shall rest upon the Carrier. 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 and
events specified in (b) to (d) above, it shall be presumed that it
was so caused. The claimant shall, however, be entitled to prove
that the loss or damage was not, in fact, caused wholly or partly by
one or more of these causes or events.
B. When in accordance with Clause 8 A.(1) the Carrier is liable to
pay compensation in respect of loss or damage and the stage of
transport where loss or damage occurred is known, the liability of
the Carrier in respect of such loss or damage shall be:
(1)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 claimant 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
in order to make such International Convention or National Law
applicable.
(2) with respect th the transportation in the United States of
America or in Canada to the Port of Loading or from the Port of
Discharge, the responsibility of the Carrier shall be to procure
transportation by carriers (one or more) and such transportation
shall be subject to the inland carriers' contracts of carriage and
tariffs and any law compulsorily applicable. The Carrier guarantees
the fulfilment of such inland carrier's obligation under the
contracts and tariffs.
	
9. CONTAINERS
(1) Goods may be stuffed by the Carrier in or on Containers and
Goods may be stuffed with other Goods.
(2) The terms of this Bill of Lading shall Govern the responsibility
of the Carrier in connection with or arising out of the supply of a
Container to the Merchant, whether supplied before or after the
Goods are received by the Carrier or delivered to the Merchant.
(3) If a Container has been stuffed by or on behalf of the Merchant-
(A)the Carrier shall not be liable for loss or damage to the Goods:
(i) caused by the manner in which the Container has been stuffed;
(ii) caused by the unsuitability of the Goods for carriage in
Containers;
(iii)caused by the unsuitability or defective condition of the
Container provided that where the Container has been supplied by
or on behalf of the Carrier, this paragraph (iii) shall only apply
if the unsuitability or defective condition arose (a) without any
want of due diligence on the part of the Carrier or (b) would have
been apparent on reasonable inspection by the Merchant at or prior
to the time when the Container was stuffed;
(iv) if the Container is not sealed at the commencement of the
Carriage except where the Carrier has agreed to seal the Container.
(B)the Merchant shall defend, indemnify and hold harmless the
Carrier against any loss, damage, claim, liability or expense
whatsoever arising from one or more of the matters covered by (A)
above except for (A)(iii)(a).
(4) Where the Carrier is instructed to provide a Container, in the
absence of a written request to the contrary, the Carrier is not
under an obligation to provide a Container of any particular type
or quality.
	
10. PARAMOUNT CLAUSE
(1) This Bill of Lading insofar as it relates to sea carriage by any
vessel whether named herein or not shall have effect subject to the
Hague Rules or any legislation making such Rules or the Hague-Visby
Rules compulsorily applicable (such as COGSA 1991 or COGSA 1936) to
this Bill of Lading and the provision of the Hague Rules or
applicable legislation shall be deemed incorporated herein. The
Hague Rules (or COGSA 1936 if this Bill of Lading is subject to U.S.
law) shall apply to the carriage of Goods by inland waterways and
reference to carriage by sea in such Rules or legislation shall be
deemed to include reference to inland waterways. The Hague Rules or
Hague Visby Rules applicable legislation shall apply to all Goods
whether carried on deck or under deck. If and to the extent that
provisions of the Harter Act of the United States of America 1893
would otherwise be compulsorily applicable to regulate the Carrier's
responsibility for the Goods during any period prior to loading on
or after discharge from the vessel, the Carrier's responsibility
shall instead be governed by the provisions of Clause 8, but if such
provisions are found to be invalid such responsibility shall be
subject to COGSA 1936.
(2) The Carrier shall be entitled (and nothing in this Bill of
Lading shall operate to limit or deprive such entitlement) to the
full benefit of, and rights to, all limitations of or exemptions
from liability and all rights conferred or authorised by any
applicable law, statute or regulation of any country including,
but not limited to, where applicable any provisions of sections
4281 to 4287, inclusive, of the Revised Statutes of the United
States of America and amendments thereth and where applicable any
provisions of the laws of the United States of America.
(3) Save where the Hague or Hague/Visby Rules apply by reason of (1)
above, this Bill of Lading shall take effect subject to any national
law in force at the port of shipment or place of issue of the Bill
of Lading or elsewhere making the Hamburg Rules compulsorily
applicable to this Bill of Lading in which case this Bill of
Lading shall have effect subject to the Hamburg Rules which shall
nullify any stipulation derogating therefrom to the detriment of
the shipper or consignee.
	
11. LIMITATION AMOUNT
(1) When the Carrier is liable for compensation in respect of loss
or damage to the Goods, such compensation shall be calculated by
reference to the value of such Goods at the place and time they are
delivered to the Consignee in accordance with the contract or should
have been so delivered.
(2)The value of the Goods shall be fixed according to the current
commodity exchange price, or, if there be no such price, according
to the current market price, or, if there be no commodity exchange
price or current market price, by reference to the normal value of
Goods of the same kind and quality.
(3) Except where otherwise provided in this Bill of Lading,
compensation shall not exceed 2 SDRs per kilo of the gross weight,
or 666.67 SDRs per package or unit, of Goods lost or damaged,
whichever shall be the greater. SDRs shall be calculated as at the
date when settlement is agreed or judgment made. However, the
Carrier shall not, in any case, be liable for an amount greater than
the actual loss to the person entitled to the claim.
(4) Where the Hague Rules, Hague-Vusby Rules or COGSA 1991 or COGSA
1936 or Hamburg Rules apply, the Carrier shall not, unless a
declared value has been noted in accordance with paragraph 5 of
this Clause, be or become liable for any loss or damage to or in
connection with the Goods in an amount per package or shipping unit
in excess of the package or shipping unit limitation as laid down by
the applicable Rules or Act or any legislation making these Rules
compulsorily applicable to this Bill of Lading. Such limitation
amount, according to COGSA 1971/92 and COGSA 1991 and COGWA 1993
is a sum of 2 SDRs per kilo of the gross weight, or 666.67 SDR's per
package or shipping unit, of the Goods lost or damaged, whichever
shall be the greater, and according to COGSA 1936 is US$500 per
package or shipping unit, of the goods lost or damaged and
according to Hamburg Rules is a sum of 2.50 SDRs per kilo of
the gross weight, or 835 SDRs per package or shipping unit, of
the Goods lost or damaged, whichever shall be the greater. If no
other limitation amount is applicable under the relevant compulsory
legislation, the limitation shall be according to COGSA 1991.
(5) The Carrier's liability, if any, may be increased to a higher
value by the Shipper making a declaration, in writing, of the Goods
valuation on delivery to the Carrier of the Goods for shipment, such
valuation to be inserted on the front of this Bill of Lading, in the
space provided, and extra freight paid if required by the Carrier.
In such case, if the actual value of the Goods shall exceed such
declared value, the value shall nevertheless be deemed to be the
declared value and the Carriers liability, if any, shall not exceed
the declared value and any partial loss or damage shall be adjusted
pro rata on the basis of such declared value.
(6) Where a Container is used to consolidate Goods and such
Container is stuffed by the Carrier, the number of packages or
shipping units stated on the face of this Bill of Lading in the box
provided shall be deemed the number of packages or shipping units
for the purpose of any limit of liability per package or shipping
unit provided in any International Convention or National Law
relating to the Carriage of Goods by Sea or Water. Except as
aforesaid the Container shall be considered the package, or
shipping unit. The words shipping unit shall mean each physical
unit or piece of cargo not shipped in a package, including articles
or things of any description whatsoever, except Goods shipped in
bulk, and irrespective of the weight or measurement unit employed
in calculating freight charges. As to Goods shipped in bulk, the
limitation applicable thereto shall be the limitation provided in
such convention or law which may be applicable and in no event shall
anything herein be construed to be a waiver of limitation as to
Goods shipped in bulk.
	
12. DELAY, CONSEQUENTIAL LOSS, ETC.
(1) Arrival times are not guaranteed by the Carrier. If the Carrier
is held liable in respect of delay, consequential lose or damage
other than loss of or damage to the Goods, the liability of the
Carrier shall be limited to two and a half times the freight payable
for the goods delayed but not exceeding the total freight payable
under the contract of carriage or the value of the Goods as
determined in Clause 11 whichever is the lesser sum.
(2) If at any time the carriage is or is likely to be affected by
any hindrance, risk, delay, difficulty or disadvantage of any kind
(including the condition of the Goods), whensoever and wheresoever
arising (whether or not the carriage has commenced) the Carrier may:
(a) without notice to the Merchant abandon the carriage of the Goods
and where reasonably possible place the Goods or any part of them at
the Merchants disposal at any place which the Carrier may deem safe
and convenient, whereupon the responsibility of the Carrier in
respect of such Goods shall cease.
(b) without prejudice to the Carriers rights subsequently to abandon
the Carriage under (a) above, continue the carriage. In any event,
the Carrier shall be entitled to full charges on Goods received for
carriage and the Merchant shall pay any additional costs resulting
from the above mentioned circumstances.
(3)The liability of the Carrier in respect of the Goods shall cease
on the delivery or other disposition of the Goods in accordance with
the orders or recommendations given by any Government or Authority
or any person acting or purporting to act as or on behalf of such
Government or Authority.
	
13. DEFENCES
The defences and limits of liability provided for in these
Conditions shall apply in any actions against the Carrier for loss
of or damage or delay to the Goods whether the action be founded in
contract or in tort.
	
14. LIABILITY OF OTHER PERSONS
(1) Any person or vessel whatsoever, including but not limited to,
the Carriers servants or agents, any independent contractor or his
servants or agents, and all others by whom the whole or any part of
the contract evidenced by this Bill of Lading, whether directly or
indirectly, is procured, performed or undertaken, shall have the
benefit of all provisions in this Bill of Lading benefiting the
Carrier as if such provisions were expressly for his benefit and
in entering into this contract the Carrier to the extent of these
provisions, does so not only on his own behalf but also as agent or
trustee for such persons and vessels and such persons and vessels
shall to this extent be or be deemed to be parties to this contract.
(2) The aggregate of the amounts recoverable from the Carrier and
the persons referred to in paragraph (2) of Clause 5 shall in no
case exceed the limits provided for in these conditions.
	
15. METHOD AND ROUTE OF TRANSPORTATION
(1) The Carrier may at any time, with or without notice to the
Merchant, use any means of transport or storage whatsoever; load or
carry the Goods on any vessel whether named on the front hereof or
not; stow the Goods, whether containerised or not, on or under deck;
transfer the Goods from one conveyance to another including tran-
shipping or carrying the same on a vessel other than that named
on the front hereof or by any other means of transport whatsoever;
at any place unpack or remove Goods which have been stuffed in or on
a Container and forward the same in any manner whatsoever; proceed
at any speed and by any route in his discretion (whether or not the
nearest or most direct or customary or advertised route) and proceed
to or stay at any  place whatsoever once or more often and in any
order; load or unload the Goods from any conveyance at any place;
comply with any orders or recommendations given by any Government
or Authority or any person or body acting or purporting to act as
or on behalf of such Government or Authority or having under the
terms of the insurance on the conveyance employed by the Carrier
the right to give orders or directions; permit the vessel to proceed
with or without pilots, to tow or be towed or be dry-docked; permit
the vessel to carry livestock, Goods of all kinds, dangerous or
otherwise, contraband, explosives, munitions or warlike stores and
sail armed or unarmed.
(2) The liberties set out in paragraph (1) of this Clause may be
invoked by the Carrier for any purposes whatsoever whether or not
connected with the Carriage of the Goods. Anything done in
accordance with paragraph (1) of this Clause or any delay arising
therefrom shall be deemed to be within the contractual Carriage
and shall not be a deviation of whatsoever nature or degree.
	
16. DELIVERY
If delivery of the Goods or any part thereof is not taken by the
Merchant, at the time and place when and where the Carrier is
entitled to call upon the Merchant to take delivery thereon, the
Carrier shall be entitled to store the Goods or any part thereof
at the sole risk of the Merchant, where upon the liability of the
Carrier in respect of the Goods or that part thereof stored as
aforesaid (as the case may be) shall wholly cease and the cost of
such storage (if paid by or payable by the Carrier or any agent of
sub-contractor of the Carrier) shall forthwith upon demand be paid
by the Merchant to the Carrier.
	
17. BOTH-TO-BLAME COLLISION
If the vessel on which the Goods are carried (the carrying vessel)
comes into collision with any other vessel or object (the non-
carrying vessel or object) as a result of the negligence of the
non-carrying vessel or object or the owner of, charterer of or
person responsible for the non-carrying vessel or object, the
Merchant undertakes to defend, indemnify and hold harmless the
Carrier against all claims by or liability to (and any expense
arising therefrom) any vessel or person in respect of any loss of,
or damage to, or any claim whatsoever of the Merchant paid or
payable to the Merchant by the non-carrying vessel or object,
or the owner of, charterer of or person responsible for the
non-carrying vessel or object and set off, recouped or recovered
by such vessel, object or person(s) against the Carrier, the
carrying vessel or her owners or charterers.
	
18. FREIGHT AND CHARGES
(1) Freight shall be paid in cash without discount and, whether
prepayable or payable at destination, shall be considered as earned
on receipt of the Goods and not to be returned or relinquished in
any event.
(2) Freight and all other amounts mentioned in this Bill of Lading
are to be paid in the currency named in the Bill of Lading or, at
the carrier's option in the currency of the country of dispatch or
destination at the highest rate of exchange for Bankers Sight Bills
current for prepayable Freight on the day of dispatch and for
Freight payable at destination on the day when the Merchant is
notified of arrival of the Goods there or on the day of withdrawal
of the delivery order, whichever rate is the higher, or at the
option of the Carrier on the date of the Bill of Lading.
(3) All dues, taxes and charges or other expenses in connection with
the Goods shall be paid by the Merchant.
(4) The Merchant shall reimburse the Carrier in proportion to the
amount of Freight for any costs for deviation or delay or any other
increase of costs of whatever nature caused by war, warlike
operations, epidemics, strikes, governments or force majeure.
(5) The Merchant warrants the correctness of the declaration of
contents, insurance, weight, measurement or value of the Goods but
the Carrier reserves the right to have the contents inspected and
the weight, measurement and value verified. If on such inspection,
it is found the declaration is not correct, it is agreed that a sum
equal either to five times the difference between the correct figure
and the Freight charged, or to double the correct Freight less the
Freight charged whichever sum is the smaller, shall be payable as
liquidated damage to the Carrier for his inspection costs and losses
of Freight on other Goods notwithstanding any other sum having been
stated on the Bill of Lading as Freight payable.
	
19. LIEN
The Carrier shall have a lien on Goods and any documents relating
thereto for all sums whatsoever due at any time to the Carrier from
the Merchant and for General Average contributions to whomsoever due
and for the costs of recovering the same and the Carrier shall have
the right to sell the Goods and documents by public auction or
private treaty, without notice to the Merchant and at the Merchant's
expense and without any liability towards the Merchant.
	
20. GENERAL AVERAGE
(1) The Carrier may declare General Average which shall be
adjustable according to the York/Antwerp Rules of 1994 at any
place at the option of the Carrier and the amended Jason Clause
as approved by BIMCO is to be considered as incorporated herein
and the Merchant shall provide such security as may be required
by the Carrier in this connection.
(2) Notwithstanding (1) above, the Merchant shall defend, indemnify
and hold harmless the Carrier in respect of any claim (and any
expense arising therefrom) of a General Average nature which may
be made on the Carrier and shall provide such security as may be
required by the Carrier in this connection.
(3) The Carrier shall be under no obligation to take any steps
whatsoever to collect security for General Average contributions
due to the Merchant.
	
21. NOTICE
Unless notice of loss or damage to the Goods and general nature of
it be given in writing to the Carrier or the persons referred to in
paragraph 2 of Clause 5 at the place of delivery before or at the
time of the removal of the Goods into the custhdy of the person
entitled to delivery thereto under this Bill of Lading, or if the
loss or damage be not apparent, within seven consecutive days
thereafter, such removal shall be prima facie evidence of the
delivery by the Carrier of the Goods as described in this Bill
of Lading.
	
22. NON DELIVERY
If this Bill of Lading is issued evidencing the Carrier's Contract
of Carriage by Combined Transport, failure to effect delivery within
90 days after the expiry of a time limit agreed and expressed herein
or where no time limit is agreed and so expressed, failure to effect
delivery within 90 days after the time it would be reasonable to
allow for diligent completion of the combined transport operation
shall, in the absence of the evidence to the contrary, give to the
party entitled to receive delivery, the right to treat the Goods
as lost.
	
23. TIME BAR
The Carrier shall be discharged of all liability under the Terms and
Conditions of this Bill of Lading, unless suit is brought within
nine months after
(1) the delivery of the Goods, or
(2) the date when the Goods should have been delivered, or
(3) the date when in accordance with Clause 22, failure to deliver
the Goods would, in the absence of evidence to the contrary, give
to the party entitled to receive delivery, the right to treat the
Goods as lost.
In the event that such time period shall be found contrary to any
Convention or law compulsorily applicable, the period covered by
such Convention or law shall then apply but in that circumstance
only.
	
24. VARIATION  OF  THE  CONTRACT
No servant or agent of the Carrier shall have power to waive or
vary any of the terms hereof unless such waiver or variation is in
writing and is specifically authorised or ratified in writing by a
director or officer of the Carrier who has the actual authority of
the Carrier to so waive or vary.
	
25. PARTIAL INVALIDITY
If any provision in this Bill of Lading is held to be invalid or
unenforceable by any court or regulatory or self-regulatory agency
or body, such invalidity or unenforceability shall attach only to
such provision. The validity of the remaining provisions shall not
be affected thereby and this Bill of Lading contract shall be
carried out as if such invalid or unenforceable provision were
not contained therein.
	
26. MODIFIED COMBINED TRANSPORT CLAUSE.
In case of a combined transport carriage to or from-
1. Australia;
2. C I S Countries;
3. The Continent of Africa;
4. The Middle East which, for the purposes of this Bill of Lading
   only, is expressly defined as: Afghanistan, Bahrain, Egypt,
   Iran, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia,
   Syria, Turkey, United Arab Emirates and Yemen Arab Republic;
5. India., Pakistan, Bangladesh and Sri Lanka; and
6. The Peoples Republic of China.
The responsibility of the Carrier prior to loading and subsequent
to discharge from the vessel at a port of loading or discharge to or
from such places, notwithstanding the provisions of 5(2) above, the
provisions of 5(3) above will apply in that when the stage of
carriage where the loss or damage occurred is known and the Carrier
has sub-contracted that stage, the Carrier shall have the full
benefit of all rights, limitations and exclusions of liability
available to such sub-contractor in the Contract between the
Carrier and such sub-contractor and in any law, statute or
regulation and the liability of the Carrier shall not exceed the
amount recovered, if any, by the Carrier from such sub-contractor.

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