Bill of Lading |
BILL OF LADING - TERMS AND CONDITIONS
1. (a) Except as otherwise provided herein this Bill of Lading shall have effect subject to
the provisions of the Carriage of Goods by Sea Act of The United States of America,
approved April 16. 1935, which shall be deemed to be incorporated herein and
nothing herein contained shall be deemed a surrender by the Carrier of any of its
rights or immunities or an increase of any of its responsibilities or liabilities under
said Act. The provisions stated in said Act (except as otherwise specifically
provided herein) shall govern before loading on and after discharge from the vessel
and throughout the entire time the Goods are in the custody of the Carrier. If this Bill
of Lading is issued or delivered in a locality where there is in force a compulsorily
applicable Carriage of Goods by Sea Act Ordinance or Statute of a nature similar to
the international Convention for the Unification of Certain Rules Relating to Bills of
Lading dated a Brussels, August 25, 1924 it shall be subject to the provisions of
said Act. Ordinance or Statute and rules thereto annexed.
(b) The Carrier shall be entitled to the full benefit of, and right to, all limitations of or
exceptions from liability authorized by any provisions of Sections 4261 to 4288,
inclusive of the Revised Statues of the United States and Amendments thereto and
of any other provisions of the laws of the United States or of any other country
whose laws shall apply.
2. In this Billing of Lading
(a) “Carrier” means and includes the Carrier named on the face side hereof the vessel
her owner, Master operator dermis charterer and if bound hereby the time charterer
and any substitute Carrier whether the owner, operator, charterer or Master shall be
acting as carrier or bailee.
(b) “Vessel” means and includes the ocean vessel on which the Goods are shipped
named on the face hereof or any substitute vessel also any leadership, terry, barge,
lighter or any other watercraft used by the Carrier in the performance of this
contract.
(c) “Merchant” means and includes the shipper the consignee the receiver the holder of
this bill of lading, the owner of the Goods or person entitled to the possession of the
Goods and the servants or agents of any of these.
(d) “Charges” means and includes the cargo received from the shipper and described on
incurred and payable by the Merchant.
(e) “Goods” means and includes the cargo received from the shipper and described on
the face side hereof and any Container not supplied by or behalf of the Carrier.
(f) “Container” means and includes any container, van, trailer, transportable
tank, flat, pallet or any similar articles of transport.
(g) “Person” means and includes an individual, corporation, partnership or other entity
as the case may be.
(h) “Participating Carrier” means and shall include any other water, land or air carrier
performing any stage of the Combined Transport.
3. It is understood and agreed that other than the said Carrier no person whatsoever
(Including the Master, officers and crew of the vessel, all servants, agents, employees,
representatives and all stevedores, terminal operators, crane operators, watchmen,
carpenters, ship cleaners, surveyors and other independent contractors whatsoever) is or
shall be deemed to be liable with inspect to the goods as carrier, bailee or otherwise,
howsoever, in contract or in tort. If, however, it should be adjudged that any other than said
carrier is under any responsibility with respect to the goods, all limitations of and
exonerations from liability provided by law or by the terms hereof shall be available to such
other persons as herein described in contracting for the foregoing exemptions, limitations
and exonerations from liability, the Carrier is acting as agents and trustee for and on behalf
of all persons described above, all of whom shall to this extent be deemed to be a party to
this contract evidenced by this Bill of Lading. It being always understand that said
beneficiaries are not entitled to any greater or further exemptions, limitations or exonerations
from liability than those that the Carrier has under this Bill of Lading in any given situation.
4. Subject to all rights, privileges and limitations of and exonerations from liability granted
to the ocean carrier under this Bill of Lading or by law, any liability by the respective
participating carrier for loss or damage to the Goods of packages carried hereunder shall
be governed by the followed.
(a) If loss or damage occurs while the goods or packages are in the custody of the ocean
carrier only the ocean carrier shall be responsible thereof, and any liability of the ocean
carrier shall be determined by the terms and conditions of this Bill of Lading and any law
compels only applicable.
(b) If loss or damage occurs while the Goods or packages are in the custody of a
participating domestic or foreign Carrier, only the participating domestic or foreign
Carrier(s) shall be responsible therefor and any liability of such participating domestic
or foreign Carrier(s) shall be determined in respective order by the term and conditions
and provisions of the applicable participating domestic or foreign Career’s Bill(s) of
Lading, whether issued or not, tariff(s) and law compulsorily applicable in the
circumstance.
(c) Not withstanding subdivision (a) and (b) hereof, it is contemplated that the Goods or
packages will from time to time be carried in through transportation that will include
inland transportation within the United States by Railroad and sea carriage by one of
more of the other Carriers above defined (When used on or endorsed on this Bill of
Lading the Words “on board” shall mean and include on board the original carrying
vessel when the Goods or packages are being transported from the continental United
States to a foreign port or place “on board” shall mean and include on board a rail car
operated by the originating carrier and enroute by rail to the port of loading for loading
on board the Carrier’s or participating Carrier’s vessel).
(d) If loss or damage occurs after receipt of the Goods or packages hereunder and it
cannot be determined from the records of the ocean Carrier or participating domestic or
foreign Carrier(s) whether such damage or loss occurred during ocean, domestic or
foreign carriage, it shall be conclusively presumed that the loss or damage occurred on
board the vessel and while the Goods or packages where in the custody of the ocean
Carrier
(e) At all times when the Goods or packages are in the custody of the above mentioned
participating domestic or foreign Carriers, such Carriers shall be entitled to all the rights,
defenses exceptions from or limitation of liability and immunities of whatsoever nature
referred to or incorporated herein applicable or granted to the Carrier as herein defined
to the full extent permitted to such domestic and foreign Carrier under the Bill(s) of
Lading tariffs and any of their rights and immunities or an increase of any of their
limitations of and exonerations from liability under their said Bill(s) of Lading, tariffs or
law applicable or relating to said carriage.
(f) In making any arrangements for transportation by participating domestic or foreign
Carrier of the Goods or packages carried hereunder, either before or after ocean
carriage, it is understood and agreed that the ocean Carrier acts solely as agents of the
merchants, without any other responsibility whatsoever, and it assumes no
responsibility as Carrier for such domestic or foreign transportation.
(g) Notice of loss or damage and claim against the ocean Carrier, where applicable shall
be given to the ocean Carrier, and suit commenced as provided for in Clauses 30 and
31 hereof. Notice of loss or damage against the participating domestic or foreign
Carrier(s), where applicable, shall be filed with the participating domestic or foreign
Carrier(s) and suit commenced as provided for in the terms, conditions and provision of
said Carrier(s), Bill(s) of Lading or by law applicable thereto. It is understood by the
Merchant that such terms, conditions and provisions, as they pertain to notice of, and
claim for, loss or damage and commencement of suit, contain different requirement that
those requirement pertaining to ocean Carriage as contained in Clauses 30 and 31 here
of.
5. The goods carried hereunder are subject to all the terms and provisions of the Carrier’s
applicable Tariff or Tariffs on the with the Federal maritime Commission, Interstate
Commerce Commission or any other regulatory body which governs a particular portion of
this carriage, and the terms and provisions of the said Tariff or Tariffs are hereby
incorporated herein as part of the Terms and Conditions of this Bill of Lading, Copies of
the relevant provisions of the applicable Tariff or Tariffs are obtainable from the Carrier,
Federal maritime Commission, interstate Commerce Commission or other regulatory body
upon request in the event of any conflict between the terms and provisions of such Tariff or
Tariffs and the Terms and Conditions of this Bill of Lading, this Bill of Lading shall prevail.
6. The Merchant warrants that in agreeing to the Terms and Conditions hereof, he is, or
has the authority of, the person owning and entitled to the possession of the Goods and this
Bill of Lading.
7. (a) The Carrier shall be entitled to sub-contract on any terms the whole or any part of
the carriage, loading, unloading, storing, warehousing, handing and any and all duties
whatsoever undertaken by the Carrier in relation to the Goods.
(b) As to through transportation, the Carrier undertakes to procure such services as
necessary and shall have the right at its sole discretion to select any mode of land, sea of
air transport and to arrange participation by other Carrier’s to accomplish the combined
transport from place of receipt to place of delivery. Whenever any stage of the combined
transport is accomplished by any land or an Carrier or any other water Carrier, each such
stage shall be controlled according to any low compulsorily applicable to such stage and
according to the contracts, rules and tariffs of each participating Carrier, the same as it
such contracts, rules and tariffs were fully set forth herein.
8. The Carrier shall be entitled but under no obligation to open any Container at any time
and to inspect the contents unless applicable law prohibits same if it thereupon appears
that the contents or any part thereof cannot safely or properly be carried or carried further
either at all or without incurring any additional expense or taking any measures in relation to
the Container or its contents or any part thereof, the Carrier may abandon the transportation
thereof and/or take any measures and/or incur any reasonable additional expense to carry
or to continue the carriage or to store the same ashore or afloat under cover or in the open
at any place, which storage shall be deemed to constitute due delivery under this Bill of
Lading. The Merchant shall indemnity the Carrier against any reasonable additional
expense so incurred.
9. Carrier may containerize any Goods or packages. Container may be slowed on deck
or under deck and when so slowed shall be deemed for all purposes to be slowed under
deck, including for General Average and U.S. Carriage of Goods by Sea Act. 1936 and
similar legislation.
10. Deck cargo (expect goods carried in containers on deck) and live animals are
received and carried solely at Merchant’s risk (including accident or mortality of animals)
and the Carrier shall not in any event be liable for any loss or damage thereto arising or
resulting from any matters mentioned in Section 4, Sub-Section 2(a) to (p) inclusive of the
United States Carriage of Goods by Seas Act or from any other cause whatsoever not due
to the fault of the Carrier any warranty of seaworthiness in the promises being hereby
waved, and the burden of proving liability being in all respects upon the Merchant Except
as provided above, such shipments shall be deemed Goods and Shall be subject to all
terms and provisions of this Bill of Lading relating to Goods.
11. Special containers with heating or refrigeration units will not be furnished unless
contracted for expressly in writing at time of booking and when furnished, may entail an
increased freight rate or charge Shipper shall advise Carrier of desired temperature range
when delivering Goods to Carrier and Carrier shall exercise due diligence to maintain the
temperature within a reasonable range while the containers are in its custody or control
The Carrier doses not however accept any responsibility to the functioning of heated or
refrigerated containers not owned or leased by Carrier.
12. The scope of the voyage herein contracted for shall include usual or customary of
advertised ports of call whether named in this contract or not also ports in or out of the
advertised geographical or usual route or order even though in proceeding thereto the
vessel may sail beyond the port of discharge named herein or in a direction contrary
thereto, or return to the original port or depart from the direct or customary route and
includes all canals, straits, and other waters, the vessel may call at any port for the
purpose of the current, prior or subsequent voyages. The vessel may omit calling at any
port whether scheduled or not, and may call at the same port more than once, may
discharge the goods during the first or subsequent call at the port of discharge may for
matter occurring before or after loading, and either with or without the goods on board and
before or after proceeding towards the port of discharge, adjust compasses, drydock with
or without cargo on board, stop for repairs, shift berths make trails trips or test, take fuel or
stores, remain in port, lie on bottom, aground or at anchor, sail without or without pilots, low
and be lowed and save or attempt to save life or property, and all of the foregoing are
included in the contract voyage. The vessel may carry contrabond, explosives, munitions,
warlike stores, hazardous cargo, and sail armed or unarmed, and with or without convey.
The Carriers sailing schedules are subject to change without notice both as to the sailing
date and date of arrival. If this is a Through Bill of Lading, no Carriers is bound to transport
the shipment by any particular train, truck, aircraft, vessel of other means of conveyance or
in time for any particular market or otherwise. No Carrier shall be liable for delay and any
Carrier shall have the right to forward the goods by substitute Carrier.
13. If at any time the performance of the contract evidenced by this Bill of Lading is or is
likely to be affected by any hindrance, risk delay, difficulty or disadvantage of whatsoever
kind which cannot be avoided by the exercise of reasonable endeavors, the Career
(whether or not the transport is commenced) may without notice to the Merchant treat the
performance of this contact as terminated and place the Goods or any part of them at the
Merchant’s disposal at anyplace or port which the Carrier may deem sale and convenient,
whereupon the responsibility of the Carrier in respect of such Goods shall cease. The
Carrier shall nevertheless be entitled to full freight and charges on Goods received for
transport and the Merchant shall pay any additional costs of carriage to and delivery
and storage at such place or port.
14. If the Carrier makes a special agreement whether by stamp hereon or otherwise to
deliver the Goods at a specified dock or place it is naturally agreed that such agreement
shall be construed to mean that the Carrier is to make such delivery only it in the sole
judgment of the Carrier, the vessel can get to, he at, and leave said dock or place always
safely afloat, and only it such dock or place is available for immediate receipt of the Goods
and that otherwise the Goods shall be discharged as otherwise provided in this Bill of
Lading, whereupon all responsibility of Carrier shall cease.
15. The port authorities are hereby authorized to grant a general order for discharging
immediately upon arrival of the vessel and the Carrier, without giving notice either of arrival
or discharge, may immediately upon arrival of the vessel at the designated destination
discharge the goods continuously, Sundays and holidays included, at all such hours by
day or by night as the Carrier may determine no matter what the state of the weather or
custom of the port may be.
The Carrier shall not be liable in any respect whatsoever it heat or refrigeration or special
cooling facilities shall not be furnished during loading or discharge or any part of the time
that the Goods are upon the wharf, craft or other loading or discharging place.
Lading and delivery charges and pier dues shall be at the expense of the Goods
unless included in the freight herein provided for if the Goods are not taken away by the
consignee by the expiration of the next working days after the Goods are at his disposal, the
Goods may, at Carrier’s option and subject to Carrier’s lien, be sent to store or warehouse
or be permitted to lie where landed, but always at the expense and risk of the Good. The
responsibilities of the Carrier in any capacity shall altogether cease and the Goods shall be
considered to be delivered and at their own risk and expense in every respect when taken
into the custody of Customs or other Authorities or into that of any municipal or
governmental concessionaire or depository. The Carrier shall not be requited to give any
notification of disposition of the Goods, except as may be otherwise provided in the Bill of
Lading.
16. At ports or places where by local law authorities, or custom the Carrier is required to
discharge cargo to lighters or other craft or where it has bean so agreed, or where wharves
are not available which the ship can get to lie at or leave, always safely afloat of where
conditions prevailing at the time render discharge at a wharf dangerous, imprudent, or likely
to delay the vessel the merchant shall promptly furnish lighters or other craft to take
delivery alongside the ship, at the risk and expense of the Goods. If the Merchant fails to
provide such lighters or other craft. Carrier acting solely as agent for the Merchant may
engage such lighters or other craft at the risk and expense of the Goods Discharge of the
Goods into such lighters or other craft shall constitute proper delivery and any further
responsibility of Carrier with respect to the goods shall thereupon terminate.
17. The Carrier shall have liberty to comply with any order or directions or
recommendations in connection with the transport under this contract of carriage given by
any Government or Authority or anyone acting or purporting to act on behalf of such
Government or Authority, or having, under the terms or the mortgage or insurance on the
vessel or other transport the right to give such order, directions or recommendation
Discharge or delivery of the Goods in accordance with the said order or directions or
recommendations shall be deemed a fulfillment of the contract. Any extra expense incurred
in connection with exercise of the Carrier’s liberty under this clause shall be paid by the
Merchant in addition to freight and charges.
18. Whenever the Carrier or Master may deem it advisable, or in any case where goods are
destined for port(s) or place(s) at which the vessel or participating carrier will not call, the
Carrier may, without notice, forward the whole or any part of the shipment, before or after
loading at the original port of shipment or any other place of places even though outside
the scope of the voyage or the route to or beyond the port of discharge or the destination of
the Goods by water, by land, or by air or by any combination thereof, whether operated by
the Carrier or others and whether departing or arriving or scheduled to depart on arrive
before or after the ship expected to be used for the transportation of the shipment. The
carrier may delay forwarding waiting a vessel or conveyance in its own service or with
which it has established connections, in all cases where the shipment is delivered to
another Carrier or to a lighter, Part Authority, warehouseman or other bailee of
transshipment, the liability of this Carrier shall absolutely cease when the Goods are out of
Its exclusive possession and shall not resume until the Goods again come into its exclusive
possession, and the responsibility of this Carrier during any such period shall be that of an
agent of the Merchant and this Carrier shall be without any other responsibility whatsoever
the carriage by any transshipping or on Carrier and all transshipment or forwarding shall be
subject to all the terms whatsoever in the regular form of bill of lading, consignment note,
contract or other shipping document used at the time by the Carrier performing such
transshipment or forwarding.
19. In any situation whatsoever and wheresoever occurring and whether existing or
anticipated before commencement of or during the combined transport which in the
judgment of the Carrier or the Master is likely to give rise to risk of capture, seizure,
detention damage, delay or disadvantage or loss to the carrier or any part of the Goods to
make it unsafe imprudent or unlawful lot any reason to receive keep, load, or carry the
goods or commence or proceed on or continue the transport or the enter or discharge the
goods or disembark passengers at the port of discharge or the usual or agreed or intended
place of discharge or delivery or to give rise to delay or difficulty in proceeding by the usual
or intended route the Carrier or the Master may decline to receive, keep load or carry the
goods, or may devan container(s) contents or any part thereof and may require the
Merchant to take delivery of the Goods at the place of receipt of any other point in the
combined transport and upon failure to do so may warehouse the Goods at the risk and
expense of the Goods. The vessel whether or not proceeding towards or entering or
attempting to enter a port of discharge or reaching or attempting to reach a usual place of
discharge therein or attempting to discharge the shipment may discharge the Goods
and/or devan the contents of any container(s) at another port, depot, lighter craft or other
place or may forward or transship them as provided in this Bill of Lading or the Carrier or
the Master may retain the Goods, vanned or unvanned on board until the return of the
vessel to the port of loading or in the port of discharge or until such time as the Carrier or
the Master thinks advisable and discharge the good at any place whatsoever as hereto
provided. The Carrier or the Master is not required to give notice of such devanning or of
discharge of the Goods or the forwarding thereof as herein provided. When the Goods are
discharge from the ship as herein provided, such shall be at the risk and expense of the
Goods. Such discharging shall constitute complete delivery and performance under this
contract and the Carrier shall be free from any further responsibility unless it be shown that
any loss or damage to the Goods arose from Carrier’s negligence in the discharge and
delivery as herein, provided the burden of establishing such negligence being on the
Merchant. For any service rendered to the Goods as herein above provided or for any delay
or expense to the vessel caused as a result thereof the Carrier shall be entitled to a
reasonable extra compensation, and shall have a lien on the goods for such carriage.
Notice of disposition of the Goods shall be mailed to shipper or consignee named in this
Bill of Lading Goods shut out from the vessel named herein for any cause may be
forwarded on a subsequent vessel of this Line or, at Carrier’s option on a vessel of another
Line or by other mode of transportation.
20. Notwithstanding the foregoing, the Carrier shall neither be liable therefor nor
concluded as to the correctness of any such marks, descriptions or representations.
When any cargo unit owned or leased by Carrier is packed or loaded by shipper or its
agent, or discharged by consignee or its agent shipper, consignee, receiver holder of this
Bill of lading, owner of Goods and person entitled to the possessions of the Goods
shall be and remain liable, jointly and severally for any loss or damage to the cargo unit
during such loading or discharge, howsoever occurring until the cargo unit is returned to
Carrier’s custody and at tariff rates for any delay beyond the time allowed for such loading
or discharge, and for any loss damage or expense incurred by Carrier as a result of the
failure to return the cargo unit to the Carrier in the same sound condition and state of
cleanliness as when received by shipper. Such loss, damage, expense or delay shall
constitute a lien on the Goods.
Where a cargo unit is to be unpacked or unloaded by consignee or its agent
consignee or its agent shall promptly unpack or unload such cargo unit and take delivery of
its contents, irrespective of whether the Goods are damaged or not Carrier shall not be
liable for loss or damage caused to the Goods by or during such unpacking unloading.
21. When containers, vans, trailers, transportable tanks, flat palletized units, and all
other packages (all hereinafter referred to generically as “cargo units”) are not packed or
loaded by Carrier such cargo units shall be deemed shipped as “Shipper’s weight load
and count”. Carrier has no reasonable means of checking the quantity, weight, condition or
existence of the contents thereof and does not represent the quantity weight condition or
existence of such contents as furnished by the shipper and inserted in this Bill of Lading to
be accurate and shall not be liable for nonreceipt or misdecription of such contents Carrier
shall have no responsibility or liability whatsoever therefor or for the packing, loading,
securing and/or stowage of contents of such cargo units or for loss or damage caused
thereby or resulting therefrom or for the physical suitability or structural adequacy of such
cargo units property to contain their contents.
The Merchant, whether principal or agent by packing or loading the cargo unit and/or
by allowing the cargo unit to be packed or loaded, represents guarantees and warrants
(a) that the Goods are property described marked and safely and securely packed in their
respective cargo units that such cargo units are physically suitable, sound and structurally
adequate properly to contain and support the Goods during handing and on the transport,
and that the cargo units may be handled in the ordinary course without damage to
themselves or the their contents or to the vessel or conveyance or to their other cargo, or
property, or persons, (b) that all particulars with regard to the cargo units and their contents,
and the weight of each said cargo unit are in all respects correct, and (c) that they have
ascertained and fully disclosed in writing to the Carrier and all participating Carriers on or
prior to shipment any condition, ingredient or characteristic of the Goods which might
indicate that they are inflammable, explosive, corrosive, radioactive, noxious, hazardous or
dangerous in nature or which might cause damage, injury or detriment to the Goods or to
the vessel, conveyance or other cargo or to property or person that they have complied fully
with all stature, ordinances and regulations of the Department or Transportation of the
United State of America all other regulatory bodies with respect to labeling packaging and
preparation for shipment of all such Goods.
The shipper, consignee receiver, holder of the Bill of Lading owner of the Goods and
persons entitled to the possession of the Goods jointly and severally agree fully to protect
and indemnity Carrier and to hold it harmless in respect of any injury or death of any person
or loss or damage to cargo or cargo unit or any other property or to the vessel or
conveyance or expense or fine arising out of, or in any way connected with breach of any of
the foregoing representations or warranties howsoever occurring even without fault of
shipper consignee and/or owner of the Goods, and even though such injury death loss or
damage is caused in whole or in part by fault of the Carrier or unseaworthiness.
22. The Merchant and the Goods themselves shall be liable for and shall indemnity the
Carrier and the Carrier shall have a lien on the Goods for all expenses of mending,
repairing, fumigating, repacking, coopering, baling, reconditioning of the Goods and
gathering of loose contents of package, also for expenses for repairing containers
damaged while in the possession of the Merchant for demurrage on containers and any
payment expense, line, dues duty tax impost loss, damage or detention sustained or
incurred by or levied upon the Carrier vessel or conveyance in connection with the Goods
howsoever caused, including any action or requirement of any government or governmental
authority or person purporting to act under the authority thereof, seizure under legal
process or attempted seizure, incorrect or insufficient marking numbering or addressing of
containers packages or description of the contents failure of the Merchant to procure
consular Board of Health or other certificates to accompany the Goods or to comply with
laws or regulations or any kind imposed with respect to the Goods by the authorities at any
port or place or any act or omission of the Merchant The Carrier’s lien shall survive, delivery
and may be enforced by private or public sale and without notice.
23. Freight shall be payable, at Carrier’s option, on actual gross intake weight or
measurement or on actual gross discharge weight or measurement or on a value or other
basis. Freight may be calculated on the basis of the particulars of the Goods furnished by
the shipper herein, but Carrier may as previously slated herein at any time open the
packages or containers and examine, weight, measure and value the Goods (unless
applicable law prohibits same) in case shipper’s particulars are found to be erroneous and
additional freight payable, the Merchant and the Goods shall be liable for any expense
incurred for examining, weighting measuring and valuing the Goods. Full freight shall be
paid on damaged or unsound goods. Full freight hereunder to place of delivery named
herein, and advance charges (including on Carrier’s) shall be considered completely
earned on receipt of the Goods by the Carrier, whether the freight be stated or intended to
be prepaid or to be collected at destination and the Carrier shall be entitled to all freight and
charges, extra compensation, demurrage, detention, General Average, claims and any
other payments made and liability incurred with respect to the Goods, whether actually paid
or not and to receive and retain them irrevocably under all circumstances, whatsoever,
vessel, conveyance and/or cargo lost, damaged or otherwise or the combined transport
charged, frustrated or abandoned in case of forced abandonment or interruption of the
combined transport for any cause, any forwarding of the goods or any part thereof shall be
at the risk and expense of the Goods. All unpaid charges shall be paid in full, without any
offset counter claim or deduction in the currency of the place of receipt, or at Carrier’s
option in the currency of the place of delivery at the demand rate of New York exchange as
quoted on the day of Goods receipt by originating Carrier at place of origin.
The Merchant shall be jointly and severally liable to the Carrier for the payment of all
freight charges and the amounts due to the Carrier and for any failure of either or both to
perform his or their obligations under the provisions of this Bill of Lading and they shall
indemnity the Carrier against, and hold it harmless from, all liability loss damage and
expense which the Carrier may sustain or incur arising or resulting from any such failure of
performance by the Merchant. Any person, firm or corporation engaged by any party to
perform forwarding service with respect to the cargo shall be considered the exclusive
agent of the Merchant for all purposes and any payment of freight to such person, firm or
corporation shall not be considered payment to the Carrier in any event. Failure or such
person, firm or corporation to pay any part of the freight to the Carrier shall be considered a
default by the Merchant in the payment of the freight.
The Carrier shall have a lien on the Goods and documents relating thereto which shall
survive delivery for all freight charges and damages of any kind whatsoever and for the
costs of recovering same, including expenses incurred in preserving this lien and may
enforce this lien by public or private sale and without notice. The shipper consignee,
receiver, holder of this Bill of Lading, owner of the Goods and person entitled to the
possession of the Goods shall be jointly and severally liable to the Carrier for the payment
of all freight charges and damages as aforesaid and for the performance of this obligations
of each them hereunder.
24. Carrier shall not be liable for any consequential or special damages and shall have
the option of replacing lost Goods or repairing damaged Goods.
25. The weight or quantity of any bulk cargo inserted in the Bill of Lading is the weight or
quantity as ascertained by a third party other than the Carrier and Carrier makes no
representation with regard to the accuracy thereof. This Bill of Lading shall not be deemed
evidence against the Carrier of receipt of goods of the weight or quantity so inserted in the
Bill of Lading.
26. Neither the Carrier nor any corporation owned by subsidiary to or associated or
affiliated with the Carrier shall be liable to answer for or make goods any loss or damage to
the goods occurring at any time and even though before loading on or after discharge from
the ship by reason or by means of any life whatsoever unless such tire shall be cause by its
design or neglect or by its actual fault or privily. In any case where this exemption is not
permitted by law Carrier shall not be liable for loss or damage by the unless shown to have
been caused by Carrier’s negligence.
27. It the vessel comes into collision with another vessel as a result of the fault or
negligence of the other vessel and any act neglect or default of the Carrier Master, manner
pilot or the servants of the Carrier in the navigation or in the management of the vessel, the
Merchant will indemnity the Carrier against all loss or liability to the other or non-carrying
vessel or her owners insofar as such loss or liability represent loss of, or damage to, or any
claim whatsoever of the Merchant paid or payable by the other or non-carrying vessel or her
owners insofar as such loss or liability represent loss of, or damage to, or any claim
whatsoever of the Merchant paid or payable by the other or non-carrying vessel or her
owner to the Merchant and set off recouped or recovered by the other or non-carrying
vessel or her owners as part of their claim against the carrying vessel or Carrier.
The foregoing provisions shall also apply where the owners operators or those in
charge of any vessel or vessels or object other than or in addition to the colliding vessel or
object are at fault in respect of a collision contact stranding or other accident.
This provisions is to remain in effect in other jurisdictions even if unenforceable in the
Courts of the United States of America.
28. General average shall be adjusted, stated and settled according to York-Antwerp Rules
1974 except Rule Xll thereof, at such port or place as may be selected by the Carrier and as
to matters not provided for by theses Rules according to the laws and usage of New York.
In such adjustment, disbursements in foreign currencies shall be exchanged into United
States money at the rate prevailing on the dates made and allowances for damage to cargo
claimed in foreign currency shall be converted at the rate prevailing on the last day of
discharge at the port or place of final discharge of such damaged cargo from the ship.
Average agreement or bond and such additional security as may be required by the Carrier
must be furnished before delivery of the goods. Such cash deposit as the Carrier or his
agents may deem sufficient as additional security for the contribution of the goods and for
any salvage and special charges thereon shall if required be made by the Goods shippers
consignees or owners of the goods to the Carrier before delivery of the Goods.
Notwithstanding anything herein before contained such deposit shall at the option of the
Carrier be payable in United States currency and be remitted to the adjusted pending
settlement of the General Average and refunds of credit balance, it any, shall be paid in
United States currency. In addition to the circumstances dealt with in the 1974 York-
Antwerp Rules, it is agreed that if the Carrier has used due diligence in the stowage of
cargo and if the safe prosecution of the voyage is thereafter imperiled in consequence of
the disturbance of stowage. The costs of handing, discharge, reloading and restowing
cargo shall be allowed in General Average, even though the handing of cargo is not
necessary for the purpose of effecting repairs to the vessel.
In the event of accident, danger 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 Carrier is not responsible by statute contract or otherwise, the
Goods, the shipper, consignee, receiver, holder of this Bill of Lading, owner of the Goods
and person entitled to the possession of the Goods, jointly and severally shall contribute with
the Carrier in General Average to the payment of any sacrifices, losses or expenses of a
General Average nature that may be made or incurred and shall pay salvage and special
charges incurred in respect of the Goods. If a salving ship is owned or operated by the
Carrier salvage shall be paid for as fully and in the same manner as if such salving ship or
ships were owned or operated by strangers. Cargo’s contribution in General Average shall
be paid to the ship owner even when such average is the result of fault neglect or error of
the Master pilot officers or crew. The Merchant expressly renounces any and all code,
statutes laws or regulation which might otherwise apply.
29. In case of any loss or damage to or in connection with Goods exceeding in actual
value the equivalent of $500 lawful money of the United States per package or in case of
Goods not shipped in packages per shipping unit, the value of the Goods shall be deemed
to be $500 per package or per shipping unit. The Carrier’s liability if any, shall be
determined on the basis of a value or $500 per package or per shipping unit or pro rate in
case of partial loss or damage, unless the nature of the Goods and a valuation higher than
$500 per package or per shipping unit shall have been declared by the shipper before
shipment and inserted in this Bill of Lading and extra freight paid if required. In such case if
the actual value of the Goods per package or per shipping unit shall exceed such declare
value the value shall nevertheless be deemed to be declared value and the Carrier’s 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. The words “shipping unit” shall mean each
physical unit or piece of cargo not shipped in a package, including articles or things or any
description whatsoever, except goods shipped in bulk, and irrespective of the weight or
measurement unit employed in calculation freight charge.
Where containers, vans, trailers, transportable tanks, flat palletized unit and other such
packages are not packed by the Carrier, each individual such container van, trailer
transportable tank, palletized unit and other such package including in each instance its
contents shall be deemed a single package and Carrier’s liability limited to $500 with
respect to each such package.
30. As to loss or damage to the Goods or package occurring or presumed to have
occurred during ocean voyage unless notice of loss of or damage and the general nature
of it be given in writing to the Carrier or its agent at the port of delivery before or at the time
of the removal of the Goods or packages into the custody of the person entitled to delivery
thereof under this Bill of Lading or, if the loss or damage be not apparent, within three
consecutive days after delivery at the port of discharge such removal shall be proma facie
evidence of the delivery by the Carrier of the Goods or packages as described in this Bill of
Lading.
31. As to loss or damage to the Goods or package occurring or presumed to have
occurred during ocean carriage, the Carrier and the vessel shall be discharged from all
liability in respect of loss, damage, misdelivery, delay or in respect of any other breach of
this contract and any claim whatsoever with respect to the Goods or packages unless suit
is brought within one year after delivery of the Goods or package or the date when the
Goods or package should have been delivered. Suite shall not be deemed brought unless
jurisdiction shall have been obtained over the Carrier and/or the vessel by service of
process or by an agreement to appear.
32. Gold silver, specie, bullion or other valuables, including those named or described in
Sec 4281 of the Revised Statutes of the United States, will not be received by the Carrier
unless their true character and value are disclosed to the Carrier and a special written
agreement therefor has been made in advance and will not, in any case, be loaded or
landed by the Carrier. No such valuable shall be considered received by or delivered to
the Carrier until brought aboard the ship by the shipper and put in the actual possession of
and a written receipt therefor is given by the Master or other officer in charge. Such
valuable will only be delivered by the Carrier aboard the ship on presentation of bills of
lading property endorsed and upon such delivery on board the Carrier’s responsibility shall
cease if delivery is not so lake promptly after the ship’s arrival at the port of discharge the
goods may be retained aboard or landed or carried on, solely a the risk and expense of the
goods.
33. 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 cargo, and acknowledgment of
receipt of the Goods in apparent good order and condition is not a representation that such
condition of rust, oxidation and the like did not exist on receipt.
34. Nothing in this Bill of Lading shall operate to deprive the Carrier of its statutory
protection or exemption from, or limitation of liability, contained in the laws of the United
States, of in the laws of any other country which may be applicable. The Bill of Lading shall
be construed according to the laws of the United States and the Merchant agrees that any
suits against the Carrier shall be brought in the Federal Courts of the United States, The
terms of this Bill of Lading shall be separable and if any part or term hereof shall be held
invalid, such holding shall not affect the validity or enforceability of any other part or terms
hereof.
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1. (a) Except as otherwise provided herein this Bill of Lading shall have effect subject to
the provisions of the Carriage of Goods by Sea Act of The United States of America,
approved April 16. 1935, which shall be deemed to be incorporated herein and
nothing herein contained shall be deemed a surrender by the Carrier of any of its
rights or immunities or an increase of any of its responsibilities or liabilities under
said Act. The provisions stated in said Act (except as otherwise specifically
provided herein) shall govern before loading on and after discharge from the vessel
and throughout the entire time the Goods are in the custody of the Carrier. If this Bill
of Lading is issued or delivered in a locality where there is in force a compulsorily
applicable Carriage of Goods by Sea Act Ordinance or Statute of a nature similar to
the international Convention for the Unification of Certain Rules Relating to Bills of
Lading dated a Brussels, August 25, 1924 it shall be subject to the provisions of
said Act. Ordinance or Statute and rules thereto annexed.
(b) The Carrier shall be entitled to the full benefit of, and right to, all limitations of or
exceptions from liability authorized by any provisions of Sections 4261 to 4288,
inclusive of the Revised Statues of the United States and Amendments thereto and
of any other provisions of the laws of the United States or of any other country
whose laws shall apply.
2. In this Billing of Lading
(a) “Carrier” means and includes the Carrier named on the face side hereof the vessel
her owner, Master operator dermis charterer and if bound hereby the time charterer
and any substitute Carrier whether the owner, operator, charterer or Master shall be
acting as carrier or bailee.
(b) “Vessel” means and includes the ocean vessel on which the Goods are shipped
named on the face hereof or any substitute vessel also any leadership, terry, barge,
lighter or any other watercraft used by the Carrier in the performance of this
contract.
(c) “Merchant” means and includes the shipper the consignee the receiver the holder of
this bill of lading, the owner of the Goods or person entitled to the possession of the
Goods and the servants or agents of any of these.
(d) “Charges” means and includes the cargo received from the shipper and described on
incurred and payable by the Merchant.
(e) “Goods” means and includes the cargo received from the shipper and described on
the face side hereof and any Container not supplied by or behalf of the Carrier.
(f) “Container” means and includes any container, van, trailer, transportable
tank, flat, pallet or any similar articles of transport.
(g) “Person” means and includes an individual, corporation, partnership or other entity
as the case may be.
(h) “Participating Carrier” means and shall include any other water, land or air carrier
performing any stage of the Combined Transport.
3. It is understood and agreed that other than the said Carrier no person whatsoever
(Including the Master, officers and crew of the vessel, all servants, agents, employees,
representatives and all stevedores, terminal operators, crane operators, watchmen,
carpenters, ship cleaners, surveyors and other independent contractors whatsoever) is or
shall be deemed to be liable with inspect to the goods as carrier, bailee or otherwise,
howsoever, in contract or in tort. If, however, it should be adjudged that any other than said
carrier is under any responsibility with respect to the goods, all limitations of and
exonerations from liability provided by law or by the terms hereof shall be available to such
other persons as herein described in contracting for the foregoing exemptions, limitations
and exonerations from liability, the Carrier is acting as agents and trustee for and on behalf
of all persons described above, all of whom shall to this extent be deemed to be a party to
this contract evidenced by this Bill of Lading. It being always understand that said
beneficiaries are not entitled to any greater or further exemptions, limitations or exonerations
from liability than those that the Carrier has under this Bill of Lading in any given situation.
4. Subject to all rights, privileges and limitations of and exonerations from liability granted
to the ocean carrier under this Bill of Lading or by law, any liability by the respective
participating carrier for loss or damage to the Goods of packages carried hereunder shall
be governed by the followed.
(a) If loss or damage occurs while the goods or packages are in the custody of the ocean
carrier only the ocean carrier shall be responsible thereof, and any liability of the ocean
carrier shall be determined by the terms and conditions of this Bill of Lading and any law
compels only applicable.
(b) If loss or damage occurs while the Goods or packages are in the custody of a
participating domestic or foreign Carrier, only the participating domestic or foreign
Carrier(s) shall be responsible therefor and any liability of such participating domestic
or foreign Carrier(s) shall be determined in respective order by the term and conditions
and provisions of the applicable participating domestic or foreign Career’s Bill(s) of
Lading, whether issued or not, tariff(s) and law compulsorily applicable in the
circumstance.
(c) Not withstanding subdivision (a) and (b) hereof, it is contemplated that the Goods or
packages will from time to time be carried in through transportation that will include
inland transportation within the United States by Railroad and sea carriage by one of
more of the other Carriers above defined (When used on or endorsed on this Bill of
Lading the Words “on board” shall mean and include on board the original carrying
vessel when the Goods or packages are being transported from the continental United
States to a foreign port or place “on board” shall mean and include on board a rail car
operated by the originating carrier and enroute by rail to the port of loading for loading
on board the Carrier’s or participating Carrier’s vessel).
(d) If loss or damage occurs after receipt of the Goods or packages hereunder and it
cannot be determined from the records of the ocean Carrier or participating domestic or
foreign Carrier(s) whether such damage or loss occurred during ocean, domestic or
foreign carriage, it shall be conclusively presumed that the loss or damage occurred on
board the vessel and while the Goods or packages where in the custody of the ocean
Carrier
(e) At all times when the Goods or packages are in the custody of the above mentioned
participating domestic or foreign Carriers, such Carriers shall be entitled to all the rights,
defenses exceptions from or limitation of liability and immunities of whatsoever nature
referred to or incorporated herein applicable or granted to the Carrier as herein defined
to the full extent permitted to such domestic and foreign Carrier under the Bill(s) of
Lading tariffs and any of their rights and immunities or an increase of any of their
limitations of and exonerations from liability under their said Bill(s) of Lading, tariffs or
law applicable or relating to said carriage.
(f) In making any arrangements for transportation by participating domestic or foreign
Carrier of the Goods or packages carried hereunder, either before or after ocean
carriage, it is understood and agreed that the ocean Carrier acts solely as agents of the
merchants, without any other responsibility whatsoever, and it assumes no
responsibility as Carrier for such domestic or foreign transportation.
(g) Notice of loss or damage and claim against the ocean Carrier, where applicable shall
be given to the ocean Carrier, and suit commenced as provided for in Clauses 30 and
31 hereof. Notice of loss or damage against the participating domestic or foreign
Carrier(s), where applicable, shall be filed with the participating domestic or foreign
Carrier(s) and suit commenced as provided for in the terms, conditions and provision of
said Carrier(s), Bill(s) of Lading or by law applicable thereto. It is understood by the
Merchant that such terms, conditions and provisions, as they pertain to notice of, and
claim for, loss or damage and commencement of suit, contain different requirement that
those requirement pertaining to ocean Carriage as contained in Clauses 30 and 31 here
of.
5. The goods carried hereunder are subject to all the terms and provisions of the Carrier’s
applicable Tariff or Tariffs on the with the Federal maritime Commission, Interstate
Commerce Commission or any other regulatory body which governs a particular portion of
this carriage, and the terms and provisions of the said Tariff or Tariffs are hereby
incorporated herein as part of the Terms and Conditions of this Bill of Lading, Copies of
the relevant provisions of the applicable Tariff or Tariffs are obtainable from the Carrier,
Federal maritime Commission, interstate Commerce Commission or other regulatory body
upon request in the event of any conflict between the terms and provisions of such Tariff or
Tariffs and the Terms and Conditions of this Bill of Lading, this Bill of Lading shall prevail.
6. The Merchant warrants that in agreeing to the Terms and Conditions hereof, he is, or
has the authority of, the person owning and entitled to the possession of the Goods and this
Bill of Lading.
7. (a) The Carrier shall be entitled to sub-contract on any terms the whole or any part of
the carriage, loading, unloading, storing, warehousing, handing and any and all duties
whatsoever undertaken by the Carrier in relation to the Goods.
(b) As to through transportation, the Carrier undertakes to procure such services as
necessary and shall have the right at its sole discretion to select any mode of land, sea of
air transport and to arrange participation by other Carrier’s to accomplish the combined
transport from place of receipt to place of delivery. Whenever any stage of the combined
transport is accomplished by any land or an Carrier or any other water Carrier, each such
stage shall be controlled according to any low compulsorily applicable to such stage and
according to the contracts, rules and tariffs of each participating Carrier, the same as it
such contracts, rules and tariffs were fully set forth herein.
8. The Carrier shall be entitled but under no obligation to open any Container at any time
and to inspect the contents unless applicable law prohibits same if it thereupon appears
that the contents or any part thereof cannot safely or properly be carried or carried further
either at all or without incurring any additional expense or taking any measures in relation to
the Container or its contents or any part thereof, the Carrier may abandon the transportation
thereof and/or take any measures and/or incur any reasonable additional expense to carry
or to continue the carriage or to store the same ashore or afloat under cover or in the open
at any place, which storage shall be deemed to constitute due delivery under this Bill of
Lading. The Merchant shall indemnity the Carrier against any reasonable additional
expense so incurred.
9. Carrier may containerize any Goods or packages. Container may be slowed on deck
or under deck and when so slowed shall be deemed for all purposes to be slowed under
deck, including for General Average and U.S. Carriage of Goods by Sea Act. 1936 and
similar legislation.
10. Deck cargo (expect goods carried in containers on deck) and live animals are
received and carried solely at Merchant’s risk (including accident or mortality of animals)
and the Carrier shall not in any event be liable for any loss or damage thereto arising or
resulting from any matters mentioned in Section 4, Sub-Section 2(a) to (p) inclusive of the
United States Carriage of Goods by Seas Act or from any other cause whatsoever not due
to the fault of the Carrier any warranty of seaworthiness in the promises being hereby
waved, and the burden of proving liability being in all respects upon the Merchant Except
as provided above, such shipments shall be deemed Goods and Shall be subject to all
terms and provisions of this Bill of Lading relating to Goods.
11. Special containers with heating or refrigeration units will not be furnished unless
contracted for expressly in writing at time of booking and when furnished, may entail an
increased freight rate or charge Shipper shall advise Carrier of desired temperature range
when delivering Goods to Carrier and Carrier shall exercise due diligence to maintain the
temperature within a reasonable range while the containers are in its custody or control
The Carrier doses not however accept any responsibility to the functioning of heated or
refrigerated containers not owned or leased by Carrier.
12. The scope of the voyage herein contracted for shall include usual or customary of
advertised ports of call whether named in this contract or not also ports in or out of the
advertised geographical or usual route or order even though in proceeding thereto the
vessel may sail beyond the port of discharge named herein or in a direction contrary
thereto, or return to the original port or depart from the direct or customary route and
includes all canals, straits, and other waters, the vessel may call at any port for the
purpose of the current, prior or subsequent voyages. The vessel may omit calling at any
port whether scheduled or not, and may call at the same port more than once, may
discharge the goods during the first or subsequent call at the port of discharge may for
matter occurring before or after loading, and either with or without the goods on board and
before or after proceeding towards the port of discharge, adjust compasses, drydock with
or without cargo on board, stop for repairs, shift berths make trails trips or test, take fuel or
stores, remain in port, lie on bottom, aground or at anchor, sail without or without pilots, low
and be lowed and save or attempt to save life or property, and all of the foregoing are
included in the contract voyage. The vessel may carry contrabond, explosives, munitions,
warlike stores, hazardous cargo, and sail armed or unarmed, and with or without convey.
The Carriers sailing schedules are subject to change without notice both as to the sailing
date and date of arrival. If this is a Through Bill of Lading, no Carriers is bound to transport
the shipment by any particular train, truck, aircraft, vessel of other means of conveyance or
in time for any particular market or otherwise. No Carrier shall be liable for delay and any
Carrier shall have the right to forward the goods by substitute Carrier.
13. If at any time the performance of the contract evidenced by this Bill of Lading is or is
likely to be affected by any hindrance, risk delay, difficulty or disadvantage of whatsoever
kind which cannot be avoided by the exercise of reasonable endeavors, the Career
(whether or not the transport is commenced) may without notice to the Merchant treat the
performance of this contact as terminated and place the Goods or any part of them at the
Merchant’s disposal at anyplace or port which the Carrier may deem sale and convenient,
whereupon the responsibility of the Carrier in respect of such Goods shall cease. The
Carrier shall nevertheless be entitled to full freight and charges on Goods received for
transport and the Merchant shall pay any additional costs of carriage to and delivery
and storage at such place or port.
14. If the Carrier makes a special agreement whether by stamp hereon or otherwise to
deliver the Goods at a specified dock or place it is naturally agreed that such agreement
shall be construed to mean that the Carrier is to make such delivery only it in the sole
judgment of the Carrier, the vessel can get to, he at, and leave said dock or place always
safely afloat, and only it such dock or place is available for immediate receipt of the Goods
and that otherwise the Goods shall be discharged as otherwise provided in this Bill of
Lading, whereupon all responsibility of Carrier shall cease.
15. The port authorities are hereby authorized to grant a general order for discharging
immediately upon arrival of the vessel and the Carrier, without giving notice either of arrival
or discharge, may immediately upon arrival of the vessel at the designated destination
discharge the goods continuously, Sundays and holidays included, at all such hours by
day or by night as the Carrier may determine no matter what the state of the weather or
custom of the port may be.
The Carrier shall not be liable in any respect whatsoever it heat or refrigeration or special
cooling facilities shall not be furnished during loading or discharge or any part of the time
that the Goods are upon the wharf, craft or other loading or discharging place.
Lading and delivery charges and pier dues shall be at the expense of the Goods
unless included in the freight herein provided for if the Goods are not taken away by the
consignee by the expiration of the next working days after the Goods are at his disposal, the
Goods may, at Carrier’s option and subject to Carrier’s lien, be sent to store or warehouse
or be permitted to lie where landed, but always at the expense and risk of the Good. The
responsibilities of the Carrier in any capacity shall altogether cease and the Goods shall be
considered to be delivered and at their own risk and expense in every respect when taken
into the custody of Customs or other Authorities or into that of any municipal or
governmental concessionaire or depository. The Carrier shall not be requited to give any
notification of disposition of the Goods, except as may be otherwise provided in the Bill of
Lading.
16. At ports or places where by local law authorities, or custom the Carrier is required to
discharge cargo to lighters or other craft or where it has bean so agreed, or where wharves
are not available which the ship can get to lie at or leave, always safely afloat of where
conditions prevailing at the time render discharge at a wharf dangerous, imprudent, or likely
to delay the vessel the merchant shall promptly furnish lighters or other craft to take
delivery alongside the ship, at the risk and expense of the Goods. If the Merchant fails to
provide such lighters or other craft. Carrier acting solely as agent for the Merchant may
engage such lighters or other craft at the risk and expense of the Goods Discharge of the
Goods into such lighters or other craft shall constitute proper delivery and any further
responsibility of Carrier with respect to the goods shall thereupon terminate.
17. The Carrier shall have liberty to comply with any order or directions or
recommendations in connection with the transport under this contract of carriage given by
any Government or Authority or anyone acting or purporting to act on behalf of such
Government or Authority, or having, under the terms or the mortgage or insurance on the
vessel or other transport the right to give such order, directions or recommendation
Discharge or delivery of the Goods in accordance with the said order or directions or
recommendations shall be deemed a fulfillment of the contract. Any extra expense incurred
in connection with exercise of the Carrier’s liberty under this clause shall be paid by the
Merchant in addition to freight and charges.
18. Whenever the Carrier or Master may deem it advisable, or in any case where goods are
destined for port(s) or place(s) at which the vessel or participating carrier will not call, the
Carrier may, without notice, forward the whole or any part of the shipment, before or after
loading at the original port of shipment or any other place of places even though outside
the scope of the voyage or the route to or beyond the port of discharge or the destination of
the Goods by water, by land, or by air or by any combination thereof, whether operated by
the Carrier or others and whether departing or arriving or scheduled to depart on arrive
before or after the ship expected to be used for the transportation of the shipment. The
carrier may delay forwarding waiting a vessel or conveyance in its own service or with
which it has established connections, in all cases where the shipment is delivered to
another Carrier or to a lighter, Part Authority, warehouseman or other bailee of
transshipment, the liability of this Carrier shall absolutely cease when the Goods are out of
Its exclusive possession and shall not resume until the Goods again come into its exclusive
possession, and the responsibility of this Carrier during any such period shall be that of an
agent of the Merchant and this Carrier shall be without any other responsibility whatsoever
the carriage by any transshipping or on Carrier and all transshipment or forwarding shall be
subject to all the terms whatsoever in the regular form of bill of lading, consignment note,
contract or other shipping document used at the time by the Carrier performing such
transshipment or forwarding.
19. In any situation whatsoever and wheresoever occurring and whether existing or
anticipated before commencement of or during the combined transport which in the
judgment of the Carrier or the Master is likely to give rise to risk of capture, seizure,
detention damage, delay or disadvantage or loss to the carrier or any part of the Goods to
make it unsafe imprudent or unlawful lot any reason to receive keep, load, or carry the
goods or commence or proceed on or continue the transport or the enter or discharge the
goods or disembark passengers at the port of discharge or the usual or agreed or intended
place of discharge or delivery or to give rise to delay or difficulty in proceeding by the usual
or intended route the Carrier or the Master may decline to receive, keep load or carry the
goods, or may devan container(s) contents or any part thereof and may require the
Merchant to take delivery of the Goods at the place of receipt of any other point in the
combined transport and upon failure to do so may warehouse the Goods at the risk and
expense of the Goods. The vessel whether or not proceeding towards or entering or
attempting to enter a port of discharge or reaching or attempting to reach a usual place of
discharge therein or attempting to discharge the shipment may discharge the Goods
and/or devan the contents of any container(s) at another port, depot, lighter craft or other
place or may forward or transship them as provided in this Bill of Lading or the Carrier or
the Master may retain the Goods, vanned or unvanned on board until the return of the
vessel to the port of loading or in the port of discharge or until such time as the Carrier or
the Master thinks advisable and discharge the good at any place whatsoever as hereto
provided. The Carrier or the Master is not required to give notice of such devanning or of
discharge of the Goods or the forwarding thereof as herein provided. When the Goods are
discharge from the ship as herein provided, such shall be at the risk and expense of the
Goods. Such discharging shall constitute complete delivery and performance under this
contract and the Carrier shall be free from any further responsibility unless it be shown that
any loss or damage to the Goods arose from Carrier’s negligence in the discharge and
delivery as herein, provided the burden of establishing such negligence being on the
Merchant. For any service rendered to the Goods as herein above provided or for any delay
or expense to the vessel caused as a result thereof the Carrier shall be entitled to a
reasonable extra compensation, and shall have a lien on the goods for such carriage.
Notice of disposition of the Goods shall be mailed to shipper or consignee named in this
Bill of Lading Goods shut out from the vessel named herein for any cause may be
forwarded on a subsequent vessel of this Line or, at Carrier’s option on a vessel of another
Line or by other mode of transportation.
20. Notwithstanding the foregoing, the Carrier shall neither be liable therefor nor
concluded as to the correctness of any such marks, descriptions or representations.
When any cargo unit owned or leased by Carrier is packed or loaded by shipper or its
agent, or discharged by consignee or its agent shipper, consignee, receiver holder of this
Bill of lading, owner of Goods and person entitled to the possessions of the Goods
shall be and remain liable, jointly and severally for any loss or damage to the cargo unit
during such loading or discharge, howsoever occurring until the cargo unit is returned to
Carrier’s custody and at tariff rates for any delay beyond the time allowed for such loading
or discharge, and for any loss damage or expense incurred by Carrier as a result of the
failure to return the cargo unit to the Carrier in the same sound condition and state of
cleanliness as when received by shipper. Such loss, damage, expense or delay shall
constitute a lien on the Goods.
Where a cargo unit is to be unpacked or unloaded by consignee or its agent
consignee or its agent shall promptly unpack or unload such cargo unit and take delivery of
its contents, irrespective of whether the Goods are damaged or not Carrier shall not be
liable for loss or damage caused to the Goods by or during such unpacking unloading.
21. When containers, vans, trailers, transportable tanks, flat palletized units, and all
other packages (all hereinafter referred to generically as “cargo units”) are not packed or
loaded by Carrier such cargo units shall be deemed shipped as “Shipper’s weight load
and count”. Carrier has no reasonable means of checking the quantity, weight, condition or
existence of the contents thereof and does not represent the quantity weight condition or
existence of such contents as furnished by the shipper and inserted in this Bill of Lading to
be accurate and shall not be liable for nonreceipt or misdecription of such contents Carrier
shall have no responsibility or liability whatsoever therefor or for the packing, loading,
securing and/or stowage of contents of such cargo units or for loss or damage caused
thereby or resulting therefrom or for the physical suitability or structural adequacy of such
cargo units property to contain their contents.
The Merchant, whether principal or agent by packing or loading the cargo unit and/or
by allowing the cargo unit to be packed or loaded, represents guarantees and warrants
(a) that the Goods are property described marked and safely and securely packed in their
respective cargo units that such cargo units are physically suitable, sound and structurally
adequate properly to contain and support the Goods during handing and on the transport,
and that the cargo units may be handled in the ordinary course without damage to
themselves or the their contents or to the vessel or conveyance or to their other cargo, or
property, or persons, (b) that all particulars with regard to the cargo units and their contents,
and the weight of each said cargo unit are in all respects correct, and (c) that they have
ascertained and fully disclosed in writing to the Carrier and all participating Carriers on or
prior to shipment any condition, ingredient or characteristic of the Goods which might
indicate that they are inflammable, explosive, corrosive, radioactive, noxious, hazardous or
dangerous in nature or which might cause damage, injury or detriment to the Goods or to
the vessel, conveyance or other cargo or to property or person that they have complied fully
with all stature, ordinances and regulations of the Department or Transportation of the
United State of America all other regulatory bodies with respect to labeling packaging and
preparation for shipment of all such Goods.
The shipper, consignee receiver, holder of the Bill of Lading owner of the Goods and
persons entitled to the possession of the Goods jointly and severally agree fully to protect
and indemnity Carrier and to hold it harmless in respect of any injury or death of any person
or loss or damage to cargo or cargo unit or any other property or to the vessel or
conveyance or expense or fine arising out of, or in any way connected with breach of any of
the foregoing representations or warranties howsoever occurring even without fault of
shipper consignee and/or owner of the Goods, and even though such injury death loss or
damage is caused in whole or in part by fault of the Carrier or unseaworthiness.
22. The Merchant and the Goods themselves shall be liable for and shall indemnity the
Carrier and the Carrier shall have a lien on the Goods for all expenses of mending,
repairing, fumigating, repacking, coopering, baling, reconditioning of the Goods and
gathering of loose contents of package, also for expenses for repairing containers
damaged while in the possession of the Merchant for demurrage on containers and any
payment expense, line, dues duty tax impost loss, damage or detention sustained or
incurred by or levied upon the Carrier vessel or conveyance in connection with the Goods
howsoever caused, including any action or requirement of any government or governmental
authority or person purporting to act under the authority thereof, seizure under legal
process or attempted seizure, incorrect or insufficient marking numbering or addressing of
containers packages or description of the contents failure of the Merchant to procure
consular Board of Health or other certificates to accompany the Goods or to comply with
laws or regulations or any kind imposed with respect to the Goods by the authorities at any
port or place or any act or omission of the Merchant The Carrier’s lien shall survive, delivery
and may be enforced by private or public sale and without notice.
23. Freight shall be payable, at Carrier’s option, on actual gross intake weight or
measurement or on actual gross discharge weight or measurement or on a value or other
basis. Freight may be calculated on the basis of the particulars of the Goods furnished by
the shipper herein, but Carrier may as previously slated herein at any time open the
packages or containers and examine, weight, measure and value the Goods (unless
applicable law prohibits same) in case shipper’s particulars are found to be erroneous and
additional freight payable, the Merchant and the Goods shall be liable for any expense
incurred for examining, weighting measuring and valuing the Goods. Full freight shall be
paid on damaged or unsound goods. Full freight hereunder to place of delivery named
herein, and advance charges (including on Carrier’s) shall be considered completely
earned on receipt of the Goods by the Carrier, whether the freight be stated or intended to
be prepaid or to be collected at destination and the Carrier shall be entitled to all freight and
charges, extra compensation, demurrage, detention, General Average, claims and any
other payments made and liability incurred with respect to the Goods, whether actually paid
or not and to receive and retain them irrevocably under all circumstances, whatsoever,
vessel, conveyance and/or cargo lost, damaged or otherwise or the combined transport
charged, frustrated or abandoned in case of forced abandonment or interruption of the
combined transport for any cause, any forwarding of the goods or any part thereof shall be
at the risk and expense of the Goods. All unpaid charges shall be paid in full, without any
offset counter claim or deduction in the currency of the place of receipt, or at Carrier’s
option in the currency of the place of delivery at the demand rate of New York exchange as
quoted on the day of Goods receipt by originating Carrier at place of origin.
The Merchant shall be jointly and severally liable to the Carrier for the payment of all
freight charges and the amounts due to the Carrier and for any failure of either or both to
perform his or their obligations under the provisions of this Bill of Lading and they shall
indemnity the Carrier against, and hold it harmless from, all liability loss damage and
expense which the Carrier may sustain or incur arising or resulting from any such failure of
performance by the Merchant. Any person, firm or corporation engaged by any party to
perform forwarding service with respect to the cargo shall be considered the exclusive
agent of the Merchant for all purposes and any payment of freight to such person, firm or
corporation shall not be considered payment to the Carrier in any event. Failure or such
person, firm or corporation to pay any part of the freight to the Carrier shall be considered a
default by the Merchant in the payment of the freight.
The Carrier shall have a lien on the Goods and documents relating thereto which shall
survive delivery for all freight charges and damages of any kind whatsoever and for the
costs of recovering same, including expenses incurred in preserving this lien and may
enforce this lien by public or private sale and without notice. The shipper consignee,
receiver, holder of this Bill of Lading, owner of the Goods and person entitled to the
possession of the Goods shall be jointly and severally liable to the Carrier for the payment
of all freight charges and damages as aforesaid and for the performance of this obligations
of each them hereunder.
24. Carrier shall not be liable for any consequential or special damages and shall have
the option of replacing lost Goods or repairing damaged Goods.
25. The weight or quantity of any bulk cargo inserted in the Bill of Lading is the weight or
quantity as ascertained by a third party other than the Carrier and Carrier makes no
representation with regard to the accuracy thereof. This Bill of Lading shall not be deemed
evidence against the Carrier of receipt of goods of the weight or quantity so inserted in the
Bill of Lading.
26. Neither the Carrier nor any corporation owned by subsidiary to or associated or
affiliated with the Carrier shall be liable to answer for or make goods any loss or damage to
the goods occurring at any time and even though before loading on or after discharge from
the ship by reason or by means of any life whatsoever unless such tire shall be cause by its
design or neglect or by its actual fault or privily. In any case where this exemption is not
permitted by law Carrier shall not be liable for loss or damage by the unless shown to have
been caused by Carrier’s negligence.
27. It the vessel comes into collision with another vessel as a result of the fault or
negligence of the other vessel and any act neglect or default of the Carrier Master, manner
pilot or the servants of the Carrier in the navigation or in the management of the vessel, the
Merchant will indemnity the Carrier against all loss or liability to the other or non-carrying
vessel or her owners insofar as such loss or liability represent loss of, or damage to, or any
claim whatsoever of the Merchant paid or payable by the other or non-carrying vessel or her
owners insofar as such loss or liability represent loss of, or damage to, or any claim
whatsoever of the Merchant paid or payable by the other or non-carrying vessel or her
owner to the Merchant and set off recouped or recovered by the other or non-carrying
vessel or her owners as part of their claim against the carrying vessel or Carrier.
The foregoing provisions shall also apply where the owners operators or those in
charge of any vessel or vessels or object other than or in addition to the colliding vessel or
object are at fault in respect of a collision contact stranding or other accident.
This provisions is to remain in effect in other jurisdictions even if unenforceable in the
Courts of the United States of America.
28. General average shall be adjusted, stated and settled according to York-Antwerp Rules
1974 except Rule Xll thereof, at such port or place as may be selected by the Carrier and as
to matters not provided for by theses Rules according to the laws and usage of New York.
In such adjustment, disbursements in foreign currencies shall be exchanged into United
States money at the rate prevailing on the dates made and allowances for damage to cargo
claimed in foreign currency shall be converted at the rate prevailing on the last day of
discharge at the port or place of final discharge of such damaged cargo from the ship.
Average agreement or bond and such additional security as may be required by the Carrier
must be furnished before delivery of the goods. Such cash deposit as the Carrier or his
agents may deem sufficient as additional security for the contribution of the goods and for
any salvage and special charges thereon shall if required be made by the Goods shippers
consignees or owners of the goods to the Carrier before delivery of the Goods.
Notwithstanding anything herein before contained such deposit shall at the option of the
Carrier be payable in United States currency and be remitted to the adjusted pending
settlement of the General Average and refunds of credit balance, it any, shall be paid in
United States currency. In addition to the circumstances dealt with in the 1974 York-
Antwerp Rules, it is agreed that if the Carrier has used due diligence in the stowage of
cargo and if the safe prosecution of the voyage is thereafter imperiled in consequence of
the disturbance of stowage. The costs of handing, discharge, reloading and restowing
cargo shall be allowed in General Average, even though the handing of cargo is not
necessary for the purpose of effecting repairs to the vessel.
In the event of accident, danger 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 Carrier is not responsible by statute contract or otherwise, the
Goods, the shipper, consignee, receiver, holder of this Bill of Lading, owner of the Goods
and person entitled to the possession of the Goods, jointly and severally shall contribute with
the Carrier in General Average to the payment of any sacrifices, losses or expenses of a
General Average nature that may be made or incurred and shall pay salvage and special
charges incurred in respect of the Goods. If a salving ship is owned or operated by the
Carrier salvage shall be paid for as fully and in the same manner as if such salving ship or
ships were owned or operated by strangers. Cargo’s contribution in General Average shall
be paid to the ship owner even when such average is the result of fault neglect or error of
the Master pilot officers or crew. The Merchant expressly renounces any and all code,
statutes laws or regulation which might otherwise apply.
29. In case of any loss or damage to or in connection with Goods exceeding in actual
value the equivalent of $500 lawful money of the United States per package or in case of
Goods not shipped in packages per shipping unit, the value of the Goods shall be deemed
to be $500 per package or per shipping unit. The Carrier’s liability if any, shall be
determined on the basis of a value or $500 per package or per shipping unit or pro rate in
case of partial loss or damage, unless the nature of the Goods and a valuation higher than
$500 per package or per shipping unit shall have been declared by the shipper before
shipment and inserted in this Bill of Lading and extra freight paid if required. In such case if
the actual value of the Goods per package or per shipping unit shall exceed such declare
value the value shall nevertheless be deemed to be declared value and the Carrier’s 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. The words “shipping unit” shall mean each
physical unit or piece of cargo not shipped in a package, including articles or things or any
description whatsoever, except goods shipped in bulk, and irrespective of the weight or
measurement unit employed in calculation freight charge.
Where containers, vans, trailers, transportable tanks, flat palletized unit and other such
packages are not packed by the Carrier, each individual such container van, trailer
transportable tank, palletized unit and other such package including in each instance its
contents shall be deemed a single package and Carrier’s liability limited to $500 with
respect to each such package.
30. As to loss or damage to the Goods or package occurring or presumed to have
occurred during ocean voyage unless notice of loss of or damage and the general nature
of it be given in writing to the Carrier or its agent at the port of delivery before or at the time
of the removal of the Goods or packages into the custody of the person entitled to delivery
thereof under this Bill of Lading or, if the loss or damage be not apparent, within three
consecutive days after delivery at the port of discharge such removal shall be proma facie
evidence of the delivery by the Carrier of the Goods or packages as described in this Bill of
Lading.
31. As to loss or damage to the Goods or package occurring or presumed to have
occurred during ocean carriage, the Carrier and the vessel shall be discharged from all
liability in respect of loss, damage, misdelivery, delay or in respect of any other breach of
this contract and any claim whatsoever with respect to the Goods or packages unless suit
is brought within one year after delivery of the Goods or package or the date when the
Goods or package should have been delivered. Suite shall not be deemed brought unless
jurisdiction shall have been obtained over the Carrier and/or the vessel by service of
process or by an agreement to appear.
32. Gold silver, specie, bullion or other valuables, including those named or described in
Sec 4281 of the Revised Statutes of the United States, will not be received by the Carrier
unless their true character and value are disclosed to the Carrier and a special written
agreement therefor has been made in advance and will not, in any case, be loaded or
landed by the Carrier. No such valuable shall be considered received by or delivered to
the Carrier until brought aboard the ship by the shipper and put in the actual possession of
and a written receipt therefor is given by the Master or other officer in charge. Such
valuable will only be delivered by the Carrier aboard the ship on presentation of bills of
lading property endorsed and upon such delivery on board the Carrier’s responsibility shall
cease if delivery is not so lake promptly after the ship’s arrival at the port of discharge the
goods may be retained aboard or landed or carried on, solely a the risk and expense of the
goods.
33. 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 cargo, and acknowledgment of
receipt of the Goods in apparent good order and condition is not a representation that such
condition of rust, oxidation and the like did not exist on receipt.
34. Nothing in this Bill of Lading shall operate to deprive the Carrier of its statutory
protection or exemption from, or limitation of liability, contained in the laws of the United
States, of in the laws of any other country which may be applicable. The Bill of Lading shall
be construed according to the laws of the United States and the Merchant agrees that any
suits against the Carrier shall be brought in the Federal Courts of the United States, The
terms of this Bill of Lading shall be separable and if any part or term hereof shall be held
invalid, such holding shall not affect the validity or enforceability of any other part or terms
hereof.
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