Bill of Lading
-
- Except as otherwise
provided herein, this Bill of Lading shall have effect subject
to the provisions of the Carriage of Goods by Sea Act (COGSA)
of the United
States of America, approved April 16, 1936,
which shall not 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 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 Bill of Lading dated at Brussels, August 25, 1924, it shall be
subject to the provisions of said Act, ordinance or statute and rules thereto
annexed.
- The Carrier shall be
entitled to the full benefit of, and right to, all limitations of or
exception from, liability authorized by any provisions of Section 4281 to
4288, inclusive , of the Revised Statues of the United
States and amendments thereto and of
any other provisions country whose laws shall apply.
- this Bill of Lading:
- "Carrier"
means and includes Carrier as well as the Sub-lining Carrier named on the
face side thereof, the vessel, her owner, Master, operator, demise
character, 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.
- "Vessel"
means and includes the ocean vessel, on which the goods are shipped,
named on the face thereof, or any substitute vessel, also any feeder
vessel, ferry, barge, lighter or any other watercraft used by the carrier
in the performance of this contract.
- "Merchant"
means and includes the shipper, the consignee, the
receiver, the holder of this Bill of Lading, the owner of the goods,
endorsee(s), or person(s) legally entitled to the possession of
the goods and the servants or agents of any of these.
- "Charges"
means and includes freight and all expenses and money obligations
incurred and payable by the Merchant.
- "Goods"
means and includes the cargo received from the shipper and described on
the face side thereof and any container not supplied by or on behalf of
the carrier.
- "Container"
means and includes any container, van, trailer, transportable tank, flat,
pallet or any similar article of transport.
- "Person"
means and includes an individual, corporation, partnership, estate or
other entity as the case may be.
- "Participating
Carrier" means and includes any other water, land or air carrier
performing any stage of the combined transport.
- 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 respect 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 limitation of and
exonerations from liability provided by law or by the terms thereof shall
be available to such other persons as herein described. In contracting for
the foregoing exemptions, limitation, and exonerations from liability, the
Carrier is acting as agent and trustee for and on behalf of all persons descibed 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 understood that the 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.
- Subject to all rights,
privileges and limitations of and exonerations from liability granted to
the carrier under this Bill of Lading or by law, any liability by the
respective participating carriers for loss or damage to the goods or
packages carried hereunder shall be governed by the following:
- 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 therefore, and any
liability of the ocean carrier shall be determined by the terms and
conditions of this Bill of Lading and any law compulsory applicable.
- 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
therefore, and any liability of such participating domestic or foreign
carrier(s) shall be determined, in respective order, by the terms,
conditions and provisions of the participating domestic or foreign
carrier(s)' bill of lading, whether issued or not, tariff(s) and law
compulsorily applicable in the circumstances.
- Notwithstanding
subdivisions a) and b) hereof, it is contemplated that the goods or
packages will from time to be carried in through transportation that will
include inland transportation within the United States by aircraft,
truck, railroad or the combination of the foregoing, and sea carriage by
one or 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 of packages
are being transported from the continental United States to a foreign
port or place "on board" shall mean and include on board an
aircraft, truck, trailer or similar conveyance, railcar, operated by the
originating carrier and enroute by aircraft,
truck, rail or combination of the foregoing to the port of loading for
loading o board the carrier's or participating carrier's vessel).
- 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 conclusively
presumed that the loss or damage occurred on board the vessel and while
the goods or packages were in the custody of the ocean carrier.
- At all times when the
goods or packages are in the custody of the above mentioned participating
domestic or foreign carrier(s), such carrier(s) shall be entitled to all
the rights, defenses, exceptions from or limitations 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 carriers under this Bill(s)
of Lading, tariffs and any other laws applicable or relating thereto,
provided however, however that nothing contained in this Bill of Lading
shall be deemed a surrender by these domestic or foreign carriers of 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 laws applicable or relating to said carriage.
- In making any
arrangements for transportation by participating domestic or foreign
carriers 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 agent of the Merchant, without any other responsibility
whatsoever, and it assumes no responsibility as carrier for such domestic
or foreign transportation.
- 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 Clause 30, and 31 thereof.
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 provisions of said carrier(s)
bill 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
requirements than those requirements pertaining to the ocean carriage as
contained in Clauses 30, and 31 hereof.
- The goods carried
hereunder are subject to all the terms and provisions of the carrier's
applicable tariff or tariffs on file with the Federal Maritime 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 in electronic format accessible from remote
sites.
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.
- The Merchant warrants
that in agreeing to the terms and conditions hereof ,
he is, or has authority of, the person owning and entitled to the
possession of the goods and this Bill of Lading.
- Sub-Contracting
- The carrier shall be
entitled to sub-contract on any terms the whole or any part of the
carriage, loading, unloading, storing, warehousing, handling and any and
all duties whatsoever undertaken by the carrier in relation to the goods.
- 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 or air transport and to arrange participation by other
carriers 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 air carrier or any other water carrier, each
such stage shall be controlled according to any law compulsorily
applicable to such stage and according to the cosntracts,
rules and tariffs of each participating carrier, the same as if such
contracts, rules and tariffs were fully set forth herein.
- 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 legally, 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 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 indemnify the carrier against any unreasonable
additional expenses so incurred.
- Carrier may containerize
any goods or packages. Containers may be stowed on deck or under deck and
when so stowed shall be deemed for all purposes to be stowed under deck,
including for General Average and U.S. Carriage of Goods by Sea Act of
1936 and similar legislation.
- Deck cargo (except 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 Sea Act, or from any other cause whatsoever not due to the fault of the
carrier, any warranty of seaworthiness in the premises being hereby
waived, 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.
- Special containers with
heating or refrigeration units will not be furnished unless contracted for
expressly in writing at the time of booking and, when furnished, may
entail an increased freight rate or charge. Merchant 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 does not, however, accept any responsibility for the functioning
of heating or refrigeration containers not owned or leased by carrier.
- The scope of the voyage
herein contracted for shall include usual or customary or advertised ports
of call whether named in its 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 then
once, may discharge the goods during the first or subsequent call at the
port of discharge, may for matters 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 trial
trips or tests, take fuel or stores, remain in port, lie on bottom aground
or at anchor, sail with or without pilots, tow and be towed, and save or
attempt to save life or property, and all of the foregoing are included in
the contract voyage. The vessel may carry contraband, explosives,
munitions, warlike stores, hazardous cargo, and sail armed or unarmed, and
with or without convoy.
The carrier's sailing
schedules are subject to change without notice, both as to the sailing date and
date of arrival. If it is a Through Bill of Lading, no carrier is bound to
transport the shipment by any participating train, truck, aircraft, vessel, or
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.
- 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 carrier (whether or not the transport is
commenced) may without notice to the Merchant treat the performance of
this contracts terminated and place the goods or any parts of them at the
Merchant's disposal at any place or port which the carrier may deem safe
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 transportation and the Merchant
shall pay any additional costs of carriage to and delivery and storage at
such place or port.
- If the carrier makes a
special agreement, whether by stamp hereon or otherwise, to deliver the
goods at a special dock or place, it is mutually agreed that such
agreement shall be construed to mean that the carrier is to make such
delivery only if in the sole judgment of the carrier, the vessel can get
to lie at, and leave said dock or place, always safely afloat, and only
suck 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.
- 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 if 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 discharge
location.
Landing 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 or his designated servants or agents by the expiration of the next
working day 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 goods.
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 custody of Customs or other authorities, or
into that any municipal or governmental concessionaire or depository. The
carrier shall not be required to give any notification of disposition of the
goods, except as may be otherwise provided in this Bill of Lading.
- At ports or places where
by local law, authorities or custom, the carrier is required to discharge
cargo on lighters or other craft, or where it has been so agreed, or where
wharves are not available which the ship can get to, lie at, or leave,
always safely afloat, or 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 vessel, at the risk and expense of the goods. If
the Merchant, fails to provide such lighters or
other craft, carrier, acting solely as agents for the Merchant, may engage
such lighters or other craft at the risk and expense of the goods.
Discharge of 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.
- The carrier shall have
liberty to comply with any order or directions or recommendations in
connection with the transport under his contract of carriage given by any
government of authority or anyone acting or purporting to act on behalf of
such government or authority, or having, under the terms of the mortgage
or insurance on the vessel or other transport, the right to give such
orders, directions or recommendations. 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 expenses incurred in
connection with the exercise of the carrier's liberty under this clause
shall be paid by the Merchant in addition to freight charges.
- 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 carriers 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 or 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 or arrive before or after the ship expected to be used
for the transportation of the shipment. The carrier may delay forwarding
awaiting a vessel or conveyance in its own service or which it has
established connections. In all cases where the shipment is delivered to
another carrier or to a lighter, Port Authority, warehousemen or other bailee for 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.
- In any situation
whatsoever and wheresoever occurring and whether
existing or anticipated before commencement of or during the combined
transport, which in the judgement 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 for any reason
to receive, keep, load, or carry the goods, or commence or proceed on or
continue the transport or to 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 diffculty 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 required 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, or 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 to the port of
discharge or until such time as the carrier or the master thinks advisable
and discharge the goods at any place whatsoever as herein provided. The
carrier or the master is not required to give notice of such devanning or of discharge of the goods or of the
forwarding thereof as herein provided. When the goods are discharged 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.
- Notwithstanding the
foregoing, the carrier shall neither be liable therefore, nor concluded as
to the correctness of any such marks, description or representation.
When any cargo unit owned
or leased by carrier is packed or loaded by consignee or its agent, shipper,
consignee, receiver, holder of this Bill of Lading. Owners of the goods and
person entitled to the possession 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 or
unloading.
- When containers, vans,
trailers, transportable tanks, flats, 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, 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 misdescription
of such contents. Carrier shall have no responsibility or liability
whatsoever therefore 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 properly 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 so packed or loaded, represents, guarantees and warrants:
- that the goods are
properly 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 handling and on the transport; and that the cargo units may be
handled in the ordinary course without damage to themselves or to their
contents, or the vessel or conveyance or to their other cargo, or
property, or persons;
- 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
- that they have
ascertained and fully disclosed in writing to the carrier and all
participating carriers on or prior to shipments, and condition,
ingredient or characteristic of the goods which might indicate that they
are inflammable, explosive, corrosive, toxic, 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 persons that they have compiled fully with all statutes,
ordinances and regulations of the Department of Transportation of the
United States of America and all other regulatory bodies with respect to
labeling, packaging and preparation for shipment of all such goods.
The shipper, consignee,
receiver, holder of this Bill of Lading, owner of the goods and persons
entitled to the possession of the goods jointly and severally agree fully to
protect and indemnify carrier, and to hold it harmless in respect 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 the fault of the carrier unseaworthiness.
- The merchant and the
goods themselves shall be liable for and shall indemnify the carrier, and
the carrier shall have a lien on the goods for all expenses of mending,
repairing, fumigating, repacking, coopering, bailing, reconditioning of
the goods and gathering of loose contents of packages; also for expenses
for repairing containers damaged while in the possession of the merchant
for demurrrage on containers and any payment,
expense, fines, 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 of omission of the merchant. The carrier's lien
shall survive delivery and may be enforced by private or public sale and
without notice.
- 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 the carrier may, as previously
stated herein, at any time open the packages or containers and examine,
weigh, 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, weighing, 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 changed, frustrated or abandoned In case of force
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, counterclaim or deduction of any kind in the currency of the
place of receipt or at the carrier's option, in the currency of the place
of delivery at the demand rate of New York Exchange as quoted on day of
arrival of the goods at the place of delivery.
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 the bill of
lading, and they shall indemnify 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 or performance by the
merchant. Any person, firm or corporation engaged by any party to perform
forwarding services 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 of such person, firm or corporation to pay 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 any documents
relating thereto, which shall survive delivery, for all freight charges and
damages of any kind whatsoever, and for the cost 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 under and for the
performance of this obligation of each of them hereunder.
- Carrier shall not be
liable for any consequential or special damages and shall have the option
of replacing lost goods or repair damaged goods.
- The weight or quantity
of any bulk cargo inserted in this 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.
- 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 good any loss or damage
to the goods occurring at any time and even though before loading on or
after discharge from the ship, barge, lighter, railcar, truck or other
conveyance, by reason or by means of any fire whatsoever, unless such fire
shall be caused by its design or neglect, or by its actual fault or privity. In any case where this exemption is not permitted
by law, carrier shall not be liable for loss or damage by fire unless
shown to have been caused by carrier's negligence.
- If the vessel or any
prior or subsequent conveyance used in the fulfillment of the contract
herein, comes into collision with another vessel or other conveyance as a
result of the fault or negligence of the other vessel or conveyance and by
act, negligence or default of the carrier, master, mariner, pilot,
operator or the servants of the carrier in the navigation, operation, or in
the management of the vessel or other conveyance, the merchant will
indemnify the carrier against all loss or liability to the other or
non-carrying vessel, or conveyance or her owners insofar as such loss or
liability represents loss of, or damage to, or any claim whatsoever of the
merchant, paid or payable by the other or non-carrying vessel, or
conveyance or her owners to the merchant and set-off, recouped or
recovered by the other or non-carrying vessel, or conveyance or her owners
as part of their claim against the carrying vessel, or conveyance or
carrier.
The foregoing provisions
shall also apply where the owners, operators or those in charge of any
vessel/vessels, or conveyance/conveyances or objects other than, or in addition
to, the colliding vessels, or conveyances, or objects are at fault in respect
of a collision, contact, stranding or other accident.
This provision is to
remain in effect in other jurisdictions even if unenforceable in the courts of
the United
States of America.
- General Average shall
be adjusted, stated and settled according to York-Antwerp Rules 1974,
except Rule XII thereof at such port or place as may be selected by the
carrier and as to matters not provided for by these Rules, according to
the laws and usages of New York.
In such adjustment,
disbursements in foreign currencies shall be exchanged into United States
currency 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 vessel, or conveyance. 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 hereinbefore contained, such
shall at the option of the carrier by payable in United States currency and be
remitted to the adjuster pending settlement of the General Average and refunds
of credit balances, if any, shall be paid in United States currency. In
addition to the circumstances dealt with in the York-Antwerp Rules of 1974, 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 or stowage, the cost of handling, discharge,
reloading and restowing cargo shall be allowed in
General Average, even though the handling 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 the 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 owned, chartered, operated, or
otherwise sub-contracted 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, fault, neglect or error of the
master, pilot, officers or crew. The merchant expressly renounces any and all
codes, statutes, laws or regulations which might otherwise apply.
- In case of any loss or
damage in connection with goods exceeding in actual value the equivalent
of $500.00 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 $500.00 per package or per shipping unit. The
carrier's liability, if any, shall be determined on the basis of a value
or $500.00 per package or per shipping unit or pro rata in case of partial
loss or damage, unless the nature of the goods and a valuation higher than
$500.00 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, if required , have been paid. In such
case, if the actual value of the goods per package or per shipping unit
shall exceed such declared 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 of any description whatsoever, except goods
shipped in bulk, and irrespective of the weight or measurement unit
employed in calculating freight charges. Where containers, vans, trailers,
transportable tanks, flats, palletized units and other such packages are
not packed by the carrier, each individual such container, van, trailer,
transportable tank, palletized unit or other such package including in
each instance its contents, shall be deemed a single package and carrier's
liability limited to $500.00 with respect to each package.
- As to loss or damage to
the goods or packages occurring or presumed to have occurred during the
voyage, unless notice of loss or of damage and the general nature of it be
given in writing to the carrier or its agents at the port or place of
delivery before or at the time of the removal of the goods or packages
into the custody of the person entitled or presumed to be 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 or place of delivery, such removal shall be primafacie
evidence of the delivery by the carrier of the goods or packages as
described in this Bill of Lading.
- As to loss or damage to
the goods or packages 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 packages or the date when
the goods or packages should have been delivered. Suit 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.
- 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 therefore has been made in
advance, and will not, in any case, be loaded or landed by the carrier. No
such valuables 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 written receipt therefore is given by the master or
other officer in charge. Such valuables will only be delivered by the
carrier aboard the ship on presentation of bills of lading properly
endorsed and upon such delivery on board the carrier's responsibility
shall cease. If delivery is not so taken promptly after the ship's arrival
at the port of discharge, the goods may be retained aboard or landed or
carried on, solely at the risk and expense of the goods.
- 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
acknowledgement of receipt of the goods in apparent good order and
condition is not a representation that such conditions of rust, oxidation
and the like did not exist on receipt.
- Nothing in this Bill of
Lading shall operate to deprive the carrier of any statutory protection or
exemption from or limitation of, liability, contained in the laws of the United
States, or in the laws of any other
country which may be applicable. This 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 term hereof.
(effective: 08/01/2003)