|
Terms and Conditions
RECEIVED by the Ocean or Inland Carrier from the Merchant
in apparent good order and condition unless otherwise indicated,
the Goods, or the container(s) or package(s) said to contain
the Goods, to be carried subject to all the terms on the face
and back of this Bill of Lading, from the place of receipt
or the port of loading to the port of discharge or place of
delivery, there to be delivered. If required by the Ocean
Carrier, this bill of Lading duly endorsed must be surrendered
in exchange for the Goods or delivery order. No servant, subcontractor
or agent of the Ocean Carrier shall have power to waive or
vary any of the terms hereof unless such waiver is in writing
and is specifically authorized or ratified in writing by the
Ocean Carrier.
1. (Definitions) When used in this Bill of Lading
(A) "Ocean Carrier" means General Container Line,
which performs the sea carriage of Goods,
and the vessel, her owner, and demise charterer, whether any
of the preceding parties is acting as 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)
The contracted evidenced by or contained in this Bill of Lading
shall be governed by the law of the State of California in
the United States of America and any action or other dispute
hereunder shall be brought before the courts of the County
of Los Angeles, California unless the Carrier otherwise agrees
in writing. In all other cases actions against the Carrier
may only be instituted 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 the Goods and any and all duties whatsoever undertaken
by the Ocean 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, it is expressly
agreed that every such 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 contraband,
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 o 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 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 b (1) above, with respect to loss or damage
caused during the handling, storage 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 liable 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 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 o ruse, 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 transport
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
compensation 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.
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 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 o 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 hand 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, deckhouse,
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)
(A) 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 or insurance coverage has been required.
(B) Insurance will not be arranged by the
Ocean Carrier expect with the express instructions in writing
of the consignor and then only at his expense. A certified
declaration of the value of the goods has to be presented
prior to shipment.
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
is 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, to types of items or pieces (3)
At the Ocean Carrier is 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 Merchants 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. (Transshipment 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 including 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)
(A) The Ocean Carrier shall have a lien on the Goods,
which shall survive delivery, for all freight, dead freight,
demurrage, damages, loss, charges, expenses, and any other
sums (including costs, customs fees, attorney fees, and other
fees for recovering the sums) chargeable to the Merchant under
this Bill of Lading and any preliminary contract for custody
or carriage of the Goods. Ocean Carrier may foreclose the
lien by selling the Goods without notice to the Merchant privately
or by public auction. If on sale of the Goods the proceeds
fail to cover the amount due and the costs and fees incurred,
the Ocean Carrier shall be entitled to recover the deficit
from the Merchant.
(B) If the Goods are unclaimed during a reasonable
time, or whenever in the Ocean Carrier's opinion the Goods
will become deteriorated, decayed or worthless, the Ocean
Carrier (without responsibility to it) may at its discretion
and subject to its lien, sell, abandon, or otherwise dispose
of such Goods at the sole risk and expense of the Merchant.
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 loan: (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 changes
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 nondelivery, 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
on a 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 statue, 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
Transportation 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 application
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 statue
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.
35. (Amendments and Updates)
The Ocean Carrier has the right to amend or update the “Terms
and Conditions” that govern this Bill of Lading, as
long as such amendments and updates are in accordance with
the “Rules and Regulations of OSRA 1998”. |
|
