| Effective | 30MAY2024 |
| Filed | 30APRIL2024 |
| Filing Codes | I |
and delivered subject to the provisions of the Carrier’s
applicable form of Bill of Lading, as provided below:
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, 1936, 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 at 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 4281 to
4288, Inclusive, of the Revised Statutes 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 Bill of Lading.
(a) “Carrier” means the carrier named on
the face side hereof, the vessel, her owner, Master,
operator, demise 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, ferry, 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 freight and all
expenses and money obligations 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 on behalf of the Carrier.
(f) “Container” means and includes any container, van,
trailer, transportable tank, flat, pallet or any similar
article 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 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 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 agent 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
understood 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 carriers for loss or damage
to the Goods or packages carried hereunder shall be
governed by the following:
(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 therefor, and any liability of
the ocean carrier shall be determined by the terms and
conditions of this Bill of Lading and any law compulsorily
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 terms,
conditions and provisions of the applicable participating
domestic or foreign Carrier’s Bill(s) of Lading, whether
issued or not, tariff(s) and law compulsorily applicable in
the circumstances.
(c) Notwithstanding 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 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 or
packages are being transported from a foreign port or place
to the Continental United States, but 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 were 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 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, 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.
(f) 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.
(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 provisions 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
requirements than those requirements pertaining to ocean
Carriage as contained in Clauses 30 and 31 hereof.
5. The Goods carried hereunder are subject to all the
terms and provisions of the Carriers applicable Tariff or
Tariffs on file 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 or 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, handling 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
have the right at its sole discretion to contract any mode
of land, sea 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 contracts,
rules and tariffs of each participating Carrier, the same
as if 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 orn 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 reasonable additional expense so incurred.
9. 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, 1936 and similar legislation.
10. Deck cargo (except Goods carried in containers on
deck) and live animals are received and carrier 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. Subsection 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
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.
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
does not, however, accept any responsibility for 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 or 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 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, dry dock
with or without cargo on board, stop for repairs, shift
berths, make trial trips or tests, take fuel or stores,
remain in port, be on bottom, aground or at anchor, sail
with or without pilots, tow and be towed, and save or
attempt to save life of 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 this is a Through Bill of Lading, no Carrier
is bound to transport the shipment by any particular 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.
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 endeavours, the Carrier (whether
or not the transport is commenced) may without notice to
the Merchant treat the performance of this contract as
terminated and place the Goods or any part 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.
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 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, be at, and leave said dock
place, always safely afloat, and only if 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 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 discharging place.
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 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 the
custody of Customs or other Authorities, or into that of
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.
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 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 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 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 expense incurred in connection with
the 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 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 with which it has established connections in
all cases where the shipment is delivered to another
Carrier or to a lighter, Port Authority, warehouseman 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.
19. 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
of loss to the Carrier of 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 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 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 to other vessels 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 the 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 type or at Carrier’s option,
on a vessel of another type 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, 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
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.
21. 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 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 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: (a) that the Goods are properly described,
marked and safely 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 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 persons
and that they have complied 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 person 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 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
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 breech 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 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
demurrage on containers and any payment, expense, fine,
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
of 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 any 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 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, counterclaim 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 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 this 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
of 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 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 any
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 the obligations of
each of 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
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.
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 good 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 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.
27. If 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,
mariner, pilot or the servants of the carrier in the
navigation or in the management of the vessel, the Merchant
will indemnify the Carrier against all loss or liability to
the other or non-carrying vessel 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 her owners 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 of those in charge of any vessel or
vessels or objects other than, or in addition to, the
colliding vessels 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.
28. 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 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 hereinbefore 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 balances, if 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 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 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 salvage ship is owned or operated by the
Carrier salvage shall be paid for as fully and in the
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 shipowner 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 codes, statutes, laws or regulations
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 of $500 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 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 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 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 packages
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 primo 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 breech 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. 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.
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
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 a 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.
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
acknowledgement 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 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.
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