Effective	18NOV2009
Filed	18NOV2009
Filing Codes	IRC

When a shipper requests Express Release, defined as not
requiring presentation of any Bill of Lading in the United
States, the following Seaway Bill of Lading shall be issued:
 
TREMS OF BILL OF LADING:
 
DEFINITIONS
"Merchant" means and includes the Shipper, the
Consignor, the Consignee, the Holder of the Sea Waybill,
the Receiver and the Owner of the Goods.
"Carrier" means the issuer of this Sea Waybill as named
on the face of it.
"Hague Rules" means the provisions of the International
Convention for Unification of certain Rules relating to
Bills of Lading signed at Brussels on 25th August 1924.
"Hague-Visby Rules" means the Hague Rules as amended by
the Protocol signed at Brussels on 23rd February 1968
and 21st December 1979 (SDR Protocol) where applicable.
Notwithstanding anything to the contrary herein it is
expressly agreed that nothing herein shall contractually
apply the Hague-Visby rules to this Sea Waybill and they
shall apply only when compulsorily applicable by the law
governing this Sea Waybill.
"COGSA" means the Carriage of Goods by Sea Act of the
United States of America approved on 16th April 1936.
"COGWA" means the Carriage of Goods by Water Act 1936 of
Canada.
"Person" includes an individual, firm, company or any
other legal entity.
"Sub-Contractors" includes but is not limited to the
owners. charterers and operators of the vessel(s) other
than the Carrier, as well as stevedores, terminal and
groupage operators, road and rail transport operators,
warehousemen and any independent contractors employed by
the Carrier performing the carriage, and any direct or
indirect servants and agents thereof whether in any
direct contractual privity or not.
The headings set forth below are for easy reference
only.
 
CONDITIONS OF CARRIAGE
This Sea Waybill, which is not a document of title to
the goods, is subject to the terms and conditions,
liberties, and exceptions of the Carrier's standard bill
of lading and tariff, copies of which may be obtained
from the Carrier's office, and to the provisions set out
below.
1.    APPLICABILITY The provisions set out and referred
to in this document shall apply if the transport as
described on the face of the Sea Waybill is Port to Port
or Combined Transport.
2.    CARRIER'S TARIFF The provisions of the Carrier's
applicable Tariff, if any are incorporated herein.
Copies of such provisions are obtainable from the
Carrier or his agents upon request or, where applicable,
from a government body with whom the Tariff has been
filed. In the case of inconsistency between this Sea
Waybill and the applicable Tariff, this Sea Waybill
shall prevail.
3.    WARRANTY The Merchant warrants that in agreeing to
the terms hereof he is or is the agent of and has the
authority of the person owning or entitled to the
possession of the Goods or any person who has a present
or future interest in the Goods.
5.    ISSUANCE OF THIS SEA WAYBILL By issuance of this
Sea Waybill the Carrier assumes liability as set out in
these Conditions and
    (1)    For Port to Port or Combined Transport,
undertakes to perform and/or in his own name to procure
the performance of the entire transport, from the place
at which the goods are taken in charge to the place
designated for delivery in this Sea Waybill.
    (2)    For the purposes and subject to the
provisions of this Sea Waybill, the Carrier shall be
responsible for the acts and omissions of any person of
whose services he makes use for the performance of the
contract evidenced by this Sea Waybill.
    (3)    When issued on a Port to Port Basis, the
responsibility of the Carrier is limited to that part of
the Carriage from and during loading onto the vessel up
to and during discharge from the vessel and the Carrier
shall not be liable for any loss or damage whatsoever in
respect of the Goods or for any other matter arising
during any other part of the Carriage even though
Charges for the whole Carriage have been charged by the
Carrier. The Merchant constitutes the Carrier as agent
to enter into contracts on behalf of the Merchant with
others for transport, storage, handling or any other
services in respect of the Goods prior to loading and
subsequent to discharge of the Goods from the vessel
without responsibility for any act or omission
whatsoever on the part of the Carrier or others and the
Carrier may as such agent enter into contracts with
others on any terms whatsoever including terms less
favourable than the terms in this Sea Waybill.
6.    DANGEROUS GOODS AND INDEMNITY
    (1)    The Merchant shall comply with rules which
are mandatory according to the national law or by reason
of International Convention, relating to the carriage of
goods of a dangerous nature, and shall in any case
inform the Carrier in writing of the exact nature of the
danger, before goods of a dangerous nature are taken in
charge by the Carrier and indicate to him, if need be,
the precautions to be taken.
    (2)    If the Merchant fails to provide such
information and the Carrier is unaware of the dangerous
nature of the goods and the necessary precautions to be
taken and if, at the time, they are deemed to be a
hazard to life or property, they may at any place be
unloaded, destroyed or rendered harmless, as
circumstances may require, without compensation, and the
Merchant shall be liable for all loss, damage, delay or
expenses arising out of their being taken in charge, or
their carriage, or of any service incidental thereto.
The burden of proving the Carrier knew the exact nature
of the danger constituted by the carriage of the said
goods shall rest upon the person entitled to the goods.
    (3)    If any goods shipped with the knowledge of
the Carrier as to their dangerous nature shall become a
danger to the vehicle or cargo, they may in like manner
be unloaded or landed at any place or destroyed or
rendered innocuous by the Carrier, without liability on
the part of the Carrier, except to General Average, if
any.
7.    DESCRIPTION OF GOODS AND MERCHANT'S PACKING
(1)    The Consignor shall be deemed to have guaranteed
to the Carrier the accuracy, at the time the goods were
taken in charge by the Carrier, of  the description of
the goods, marks, number, quantity, weight and/or volume
as furnished by him, and the Consignor shall defend,
indemnify and hold harmless the Carrier against all
loss, damage and expenses arising or resulting from
inaccuracies in or inadequacy of such particulars. The
right of the Carrier to such obligation from the
Consignor shall in no way limit his responsibility and
liability under this Sea Waybill to any person other
than the Consignor.
(2)    Without prejudice to Clause 8 (A) (2) (c), the
Merchant shall be liable for any loss, damage or injury
caused by faulty or insufficient packing of goods or by
faulty loading or packing within containers and trailers
and on flats when such loading or packing has been
performed by the Merchant or on behalf of the Merchant
by a person other than the Carrier, or by the defect or
unsuitability of the containers, trailers or flats, when
supplied by the Merchant, and shall indemnify the
Carrier against any additional expenses so caused.
(3)    It is agreed that superficial rust, oxidation or
any like condition due to moisture is not a condition of
damage but is inherent to the nature of the Goods and
acknowledgement of receipt of the Goods in apparent good
order and condition is not a representation that such
conditions of rust oxidation or the like did not exist
on receipt.
(4)    (a)    The Merchant undertakes not to tender for
transportation any Goods which require temperature
control without previously giving written notice of
their nature and particular temperature range to be
maintained and in the case of a temperature controlled
Container stuffed by or on behalf of the Merchant
further undertakes that the Goods have been properly
stuffed in the Container and that its thermostatic
controls have been properly set by the Merchant before
receipt of the Goods by the Carrier. If the said
requirements are not complied with the Carrier shall not
be liable for any loss of or damage to the Goods by such
non-compliance.
    (b)    The Carrier shall not be liable for any loss
of or damage to the Goods arising from latent defects,
derangement, breakdown, stoppage of the temperature
controlling machinery, plant, insulation or any
apparatus of the Containers, provided that the Carrier
shall before or at the beginning of the transport
exercise due diligence to maintain the temperature
controlled Container in an efficient state.
8.    EXTENT OF LIABILITY
    A.    (1)    Carrier shall be liable for loss or
damage to the goods occurring between the time when he
takes the goods into his charge and the time of
delivery.
        (2)    Carrier shall, however, be relieved of
liability for any loss or damage if such loss or damage
was caused by:
            (a)    an act or omission of the Merchant,
or person other than the Carrier acting on behalf of the
Merchant or from whom the Carrier took the goods in
charge;
            (b)    insufficiency or defective condition
of the packaging or marks and/or numbers;
            (c)    handling, loading, storage or
unloading of the goods by the Merchant or any person
acting on behalf of the Merchant;
            (d)    inherent vice of the goods;
            (e)    strike, lockout, stoppage or
restraint of labour, the consequences of which the
Carrier could not avoid by the exercise of reasonable
diligence;
            (f)    a nuclear incident if the operator of
a nuclear installation or a person acting for him is
liable for this damage under an applicable international
Convention or national law governing liability in
respect of nuclear energy;
            (g)    any cause or event which the Carrier
could not avoid and the consequences whereof he could
not prevent by the exercise of reasonable diligence.
        (3)    The burden of proving that the loss or
damage was due to one or more of the above causes or
events shall rest upon the Carrier. When the Carrier
establishes that, in the circumstances of the case, the
loss or damage could be attributed to one or more of the
causes or events specified in (b) to (d) above, it shall
be presumed that it was so caused. The claimant shall,
however, be entitled to prove that the loss or damage
was not, in fact, caused wholly or partly by one or more
of these causes or events.
B.    When in accordance with Clause 8.A.1 the Carrier
is liable to pay compensation in respect of loss or
damage the stage of transport where the loss or damage
occurred is known, the liability of the Carrier in
respect of such loss or damage shall be;
    (1)    determined by the provisions contained in any
international Convention or national law, which
provisions
        (a)    cannot be departed from by private
contract, to the detriment of claimant, and
        (b)    would have applied if the Claimant had
made a separate and direct contract with the Carrier in
respect of the particular stage of transport where the
loss or damage occurred and received as evidence thereof
any particular document which must be issued in order to
make such international Convention or national law
applicable.
    (2)    with respect to the transportation in the
United States of America or in Canada to the Port of
Loading or from the Port of Discharge, the
responsibility of the Carrier shall be to procure
transportation by carriers (one or more) and such
transportation shall be subject to the inland carriers'
contracts of carriage and tariffs and any law
compulsorily applicable. The Carrier guarantees the
fulfilment of such inland carriers' obligation under the
contracts and tariffs.
9.    CONTAINERS
The Merchant shall have the responsibility for
inspecting before use any container furnished by the
carrier to ascertain its suitability for the purpose of
the carriage of the Merchant's goods and to ascertain
that it is clean and intact. Acceptance of the container
by the Merchant shall be prima facie evidence of its
suitability and good condition. If the shipper or his
servants loads the container, the Merchant shall be
responsible for proper stowage and securing of the goods
and to avoid shifting. The Carrier shall be indemnified
by the Merchant for any loss or damage of whatsoever
nature to the container or to other property, or for any
injury to personnel caused by the goods or their
improper loading or securing. The Merchant is always
liable towards the Carrier for all damage and loss
sustained by the Carrier and/or his subcontractors,
which may be caused by the Merchant's cargo.
    (1)    Goods may be stuffed by the Carrier in or on
Containers and Goods may be stuffed with other Goods.
    (2)    The terms of this Sea Waybill shall govern
the responsibility of the Carrier in connection with or
arising out of the supply of a Container to the
Merchant, whether supplied before or after the Goods are
received by the Carrier or delivered to the Merchant.
    (3)    If a container has been stuffed by or on
behalf of the Merchant,
    (A)    the Carrier shall not be liable for loss of
or damage to the Goods;
        (i)    caused by the manner in which the
Container has been stuffed;
        (ii)    caused by the unsuitability of the Goods
for carriage in Containers;
        (iii)    caused by the unsuitability or
defective condition of the Container provided that where
the Container has been supplied by or on behalf of the
Carrier, this paragraph(iii) shall only apply if the
unsuitability or defective condition arose (a) without
any want of due diligence on the part of the Carrier or
(b) would have been apparent upon reasonable Inspection
by the Merchant at or prior to the time when the
Container was stuffed;
        (iv)    if the Container is not sealed at the
commencement of the Carriage except where the Carrier
has agreed to seal the Container.
    (B)    the Merchant shall defend, indemnify and hold
harmless the Carrier against any loss, damage, claim,
liability or expense whatsoever arising from one or more
of the matters covered by (A) above except for (A) (iii)
(a) above.
    (4)    Where the Carrier is instructed to provide a
Container, in the absence of a written request to the
contrary, the Carrier is not under an obligation to
provide a Container of any particular type or quality.
10.    PARAMOUNT CLAUSE
    (1)    This Sea Waybill, is not a bill of lading and
no bill of lading will be issued. However, it is agreed
that the Hague rules contained in the International
Convention for the Unification of certain rules relating
to Bill of Lading, dated Brussels the 25th August 1924
as enacted in the country of shipment shall apply to
this Sea Waybill. When no such enactment is in force in
the country of shipment, the corresponding legislation
of the country of destination shall apply, but in
respect of shipments to which no such enactments are
compulsorily applicable, the terms of the said
Convention shall apply in exactly the same way. Trades
where Hague-Visby Rules apply. In trades where the
International Brussels Convention 1924 as amended by the
Protocol signed at Brussels on February 23rd 1968 the
Hague-Visby Rules apply compulsorily, the provision of
the respective legislation shall also apply to this Sea
Waybill. The Carrier shall in no case be responsible for
loss or damage to the Goods howsoever arising before
receipt of the goods by the Carrier at the place of
receipt or after delivery by the Carrier at the place of
delivery. It is agreed that whenever the Brussels
Convention and the Brussels Protocol or statutes
incorporating same use the words "Bill of Lading" they
shall be read and interpreted as meaning Sea Waybill.
The Hague Rules (or COGSA if this Sea Waybill is subject
to U.S. law) shall apply to the carriage of Goods by
inland waterways and reference to carriage by sea in
such Rules of legislation shall be deemed to include
reference to inland waterways, The Hague Rules or
applicable legislation shall apply to all goods whether
carried on deck or under deck. If and to the extent that
the provisions of the Harter Act of the United States of
America 1893 would otherwise be compulsorily applicable
to regulate the Carrier's responsibility for the Goods
during any period prior to loading on or after discharge
from the vessel. The Carrier's responsibility shall
instead be governed by the provisions of Clause 6, but
if such provisions are found to be invalid such
responsibility shall be subject to COGSA.
    (2)    The Carrier, shall be entitled (and nothing
in this Sea Waybill shall operate to limit or deprive
such entitlement) to the full benefit of, and rights to,
all limitations of or exemptions from liability and all
rights conferred or authorised by any applicable law,
statute or regulation of any country including, but not
limited to, where applicable any provisions of sections
4281 to 4287, inclusive, of the United States of America
and amendments thereto and where applicable any
provisions of the laws of the United States of America.
11.    LIMITATION AMOUNT
    (1)    When the carrier is liable for compensation
in respect of loss of or damage to the goods, such
compensation shall be calculated by reference to the
value of such goods at the place and time they are
delivered to the Consignee in accordance with the
contract or should have been so delivered.
    (2)    The value of the goods shall be fixed
according to the current commodity exchange price, or,
if there be no such price, according to the current
market price, or, if there be no commodity exchange
price or current market price by reference to the normal
value of goods of the same kind and quality.
    (3)    Except where otherwise provided in this Sea
Waybill, compensation shall not exceed 2 Special Drawing
Rights as defined by the International Monetary Fund per
kilo of gross weight of the goods lost or damaged.
Special Drawing Rights shall be calculated as at the
date when settlement is agreed or judgement made.
However, the Carrier shall not, in any case, be liable
for an amount greater than the actual loss to the person
entitled to make the claim.
    (4)    Where the Hague Rules, Hague-Visby Rules or
COGSA apply, the Carrier shall not, unless a declared
value has been noted in accordance with paragraph 5 of
this Clause, be or become liable for any loss or damage
to or in connection with the Goods in an amount per
package or shipping unit in excess of the package or
shipping unit limitation as laid down by the applicable
Rules or Act or any legislation making these rules
compulsorily applicable to this Sea Waybill. Such
limitation amount according to COGSA is US$500 and
according to COGWA is Can.$500. If no other limitation
amount is applicable under the relevant compulsory
legislation, the limitation shall be US$500.
    (5)    The Carrier's liability, if any, may be
increased to a higher value by declaration in writing of
the value of the goods by the shipper upon delivery to
the Carrier of the goods for shipment inserted on the
front of this Sea Waybill, in the space provided, and
extra freight paid if required by the Carrier. In such
cases, if the actual value of the goods shall exceed
such declared value, the value shall nevertheless be
deemed to be the declared value and 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.
    (6)    Where a Container is used to consolidate
Goods and such Container is stuffed by the Carrier, the
number of packages or shipping units stated on the face
of this Sea Waybill in the box provided shall be deemed
the number of packages or shipping units for the purpose
of any limit of liability per package or shipping unit
provided in any international convention or national law
relating to the carriage of Goods by sea. It is
expressly agreed that each container shall constitute
one package for the purpose of application of limitation
of the Carrier's liability, since the Carrier cannot
verify its contents. Except as aforesaid the Container
shall be considered the package or shipping unit.
        The words 'shipping unit' shall mean each
physical unit or piece of cargo not shipped in a
package, including articles or things of any description
whatsoever, except Goods shipped in bulk, and
irrespective of the weight or measurement unit employed
in calculating freight charges. As to Goods shipped in
bulk, the limitation applicable thereto shall be the
limitation provided in such convention or law which may
be applicable and in no event shall anything herein be
construed to be a waiver of limitations as to Goods
shipped in bulk.
12.    DELAY, CONSEQUENTIAL LOSS, ETC.
    (1)    Departure and Arrival times are not
guaranteed by the Carrier nor even in the case of
vessel's non departure for whatever reason, no claims
shall be accepted. The Carrier shall have the right to
change sailing and arrival dates without notice. The
carrier does not undertake that the goods shall arrive
at the Port of discharge or Place of delivery at any
particular time or to meet any particular market or use,
and the carrier shall under no circumstances be liable
for direct, indirect or consequential loss or damage due
to delay or any other cause whatsoever and howsoever
caused.
        If the Carrier should nevertheless be held
legally liable for any such direct or indirect
consequential loss or damage caused by such alleged
delay, such liability shall in no event exceed the
freight paid for the carriage.
    (2)    If at any time the carriage is or is likely
to be affected by any hindrance, risk, delay, difficulty
or disadvantage of any kind (including the condition of
the goods), whensoever and wheresoever arising (whether
or not the carriage has commenced) the Carrier may:
        (a)    without notice to the Merchant abandon
the carriage of the goods and where reasonably possible
place the goods or any part of them at the Merchant's
disposal at any place which the Carrier may deem safe
and convenient, whereupon the responsibility of the
Carrier in respect of such goods shall cease.
        (b)    without prejudice to the Carrier's right
subsequently to abandon the Carriage under (a) above,
continue the carriage.
            In any event the Carrier shall be entitled
to full charges on goods received for carriage and the
Merchant shall pay any additional costs resulting from
the above mentioned circumstances.
    (3)    The liability of the Carrier in respect of
the goods shall cease on the delivery or other
disposition of the goods in accordance with the orders
or recommendations given by any government or authority
or any person acting or purporting to act as or on
behalf of such government or authority.
13.    DEFENCES The DEFENCES and limits of liability
provided for in these Conditions shall apply in any
action against the Carrier for loss of or damage or
delay to the goods whether the action be founded in
contract or in tort.
14.    LIABILITY OF OTHER PERSONS
    (1)    Any persons or vessel whatsoever, including
but not limited to, the Carrier's servants or agents,
any independent contractor and his servants or agents,
and all others by whom the whole or any part of the
contract evidenced by this Sea Waybill, whether directly
or indirectly, is procured, performed or undertaken,
shall have the benefit of all provisions in this Sea
Waybill benefiting the Carrier as if such provisions
were expressly for his benefit and in entering into this
contract the Carrier to the extent of these provisions,
does so not only on his own behalf but also as agent or
trustee for such persons and vessels and such persons
and vessels shall to this extent be or be deemed to be
parties to this contract.
    (2)    The aggregate of the amounts recoverable from
the Carrier and the persons referred to in paragraph (2)
of Clause 5 shall in no case exceed the limits provided
for in these conditions.
15.    METHOD AND ROUTE OF TRANSPORTATION
    (1)    The Carrier may at any time and without
notice to the Merchant:
use any means of transport or storage whatsoever; load
or carry the Goods on any vessel whether named on the
front hereof or not; stow the Goods, whether
containerised or not, on or under deck; transfer the
Goods from one conveyance to another including
transhipping or carrying the same on another vessel than
that named on the front hereof or by any other means of
transport whatsoever; at any place unpack and remove
Goods which have been stuffed in or on a Container and
forward the same in any manner whatsoever; proceed at
any speed and by any route in his discretion (whether or
not the nearest or most direct or customary or
advertised route) and proceed to or stay at any place
whatsoever once or more often and in any order; load or
unload the Goods from any conveyance at any place;
comply with any orders or recommendations given by any
government or authority or any person or body acting or
purporting to act as or on behalf of such government or
authority or having under the terms of the insurance on
the conveyance employed by the Carrier the right to give
orders or directions; permit the vessel to proceed with
or without pilots, to tow or be towed or to be
dry-docked; permit the vessel to carry livestock, goods
of all kinds, dangerous or otherwise, contraband,
explosives, munitions or warlike stores and sail armed
or unarmed.
    (2)    The liberties set out in paragraph (1) of
this Clause may be invoked by the carrier for any
purposes whatsoever whether or not connected with the
Carriage of the Goods. Anything done in accordance with
paragraph (1) of this Clause or any delay arising there
from shall be deemed to be within the contractual
Carriage and shall not be a deviation of whatsoever
nature or degree.
16.    DELIVERY If delivery of the goods or any part
thereof is not taken by the Merchant, at the time and
place when and where the Carrier is entitled to call
upon the Merchant to take delivery thereof, the Carrier
shall be entitled to store the goods or the part thereof
at the sole risk of the Merchant, where upon the
liability of the Carrier in respect of the goods or that
part thereof stored as aforesaid (as the case may be)
shall wholly cease and the cost of such storage (if paid
by or payable by the Carrier or any agent or
subcontractor of the Carrier) shall forthwith upon
demand be paid by the Merchant to the Carrier. The
Consignee by presenting this Sea Waybill and/or
requesting delivery of the Goods further undertakes all
liabilities of the Shipper hereunder such undertaking
being additional and without prejudice to the Shipper's
own liability.
    Subject to the above, without presentation of the
relevant Sea Waybill(s), but upon proof of
identification, the cargo shall be released to the party
named as Consignee on the Sea Waybill(s) or as directed
by you. Presentation of the relevant Sea Waybill(s)
shall not constitute proof of identification. The
Shipper undertakes to indemnify INAL, its agents,
servants, subcontractors and the Owners of the Carrying
vessel(s) against all claims, liabilities, losses,
costs, fees, fines and expenses whatsoever arising from
misdelivery of cargo, if delivery is effected in
accordance with Shippers instructions. Unless the
Shipper has exercised his option, the Shipper shall have
the option irrevocably to renounce any right to vary the
identity of the Consignee during transit.
    He shall be the only party entitled to give
instructions in relation to the Contract of Carriage.
Subject to all of the terms and conditions of the INAL
Sea Waybill, and unless prohibited by the applicable
law, the Shipper shall be entitled to change the name of
the Consignee and/or port of discharge at any time up to
arrival of the carrying vessel at port of discharge,
provided notice is given in writing, or by some other
means acceptable to INAL and provided you indemnify INAL
against any additional costs, fees, expenses, charges or
losses caused thereby, and INAL reserves the right to
require payment in advance.
17.    BOTH - TO - BLAME COLLISION If the vessel on
which the Goods are carried (the carrying vessel) comes
into collision with any other vessel or object (the
non-carrying vessel or object) as the result of the
negligence of the non-carrying vessel or object or owner
of, charterer of or person responsible for the
non-carrying vessel or object, the Merchant undertakes
to defend, indemnify and hold harmless the Carrier
against all claims by or liability to (and any expense
arising therefrom) any vessel or person in respect of
any loss of, or damage to, or any claim whatsoever of
the Merchant paid or payable to the Merchant by the
non-carrying vessel or object or the owner of, charterer
of or person responsible for the non-carrying vessel or
object and set-off, recouped or recovered by such
vessel, object or person(s) against the Carrier, the
carrying vessel or her owners or charterers.
18.    FREIGHT AND CHARGES
    (1)    Freight shall be paid in cash without
discount and, whether prepayable or payable at
destination, shall be considered as earned on receipt of
the goods and not to be returned or relinquished in any
event.
        (a)    Notwithstanding any responsibilities of
the Consignee to INAL regarding the payment of Freight
and charges you remain responsible for the settlement of
all sums due to INAL under the Sea Waybill Contract of
Carriage due from the Consignee, that have not been paid
by the Consignee.
    (2)    Freight and all other amounts mentioned in
this Sea Waybill are to be paid in the currency named in
the Sea Waybill or, at the Carrier's option in the
currency of the country of dispatch or destination at
the highest rate of exchange for bankers sight bills
current for prepayable freight on the day of dispatch
and for freight payable at destination on the day when
the Merchant is notified of arrival of the goods there
or on the date of withdrawal of the delivery order,
whichever rate is the higher, or at the option of the
Carrier on the date of the Sea Waybill.
    (3)    All dues, taxes and charges or other expenses
in connection with the goods shall be paid by the
Merchant.
    (4)    The Merchant shall reimburse the Carrier in
proportion to the amount of freight for any costs for
deviation or delay or any other increase of costs of
whatever nature caused by war, warlike operations,
epidemics, strikes, governments or force majeure.
    (5)    The Merchant warrants the correctness of the
declaration of contents, insurance, weight, measurements
or value of the goods but the Carrier reserves the right
to have the contents inspected and the weight,
measurements or value verified. If on such inspection it
is found the declaration is not correct it is agreed
that a sum equal either to five times the difference
between the correct figure and the freight charged, or
to double the correct freight less the freight charged,
whichever sum is the smaller, shall be payable as
liquidated damage to the Carrier for his inspection
costs and losses of freight on other goods
notwithstanding any other sum having been stated on the
Sea Waybill as freight payable.
19.    GENERAL LIEN AND RIGHT TO SELL YOUR GOODS
    (a)    We shall have a general and continuing lien
on any and all Goods coming into our actual or
constructive possession or control for monies owed to us
with regards to the shipment on which the lien is
claimed, a prior shipment(s) and/or both.
    (b)    We shall provide written notice to you of our
intent to exercise such lien, the exact amount of monies
due and owing, as well as any ongoing storage or other
charges, you shall notify all parties having an interest
in the shipment(s) of our rights and/or the exercise of
such lien.
    (c)    Unless, within thirty days of receiving
notice of lien, you post cash or letter of credit at
sight, or, if the amount due is in dispute, an
acceptable bond equal to 110% of the value of the total
amount we claim is due, in our favour, guaranteeing
payment of the monies owed, plus all storage charges
accrued or to be accrued, we shall have the right to
sell such shipment(s) at public or private sale or
auction and any net proceeds remaining thereafter shall
be refunded to you.
20.    GENERAL AVERAGE
    (1)    The Carrier may declare General Average which
shall be adjustable according to the York/Antwerp Rules
1974 at any place at the option of the Carrier and the
Amended Jason Clause as approved by BIMCO is to be
considered as  incorporated herein and the Merchant
shall provide such security as may be required by the
Carrier in this connection.
    (2)    Notwithstanding (1) above, the Merchant shall
defend, indemnify and hold harmless the Carrier in
respect of any claim (and any expense arising therefrom)
of a General Average nature which may be made on the
Carrier and shall provide such security as may be
required by the Carrier in this connection.
    (3)    The Carrier shall be under no obligation to
take any steps whatsoever to collect security for
General Average contributions due to the Merchant.
21.    NOTICE Unless notice of loss or damage to the
goods and general nature of it be given in writing to
the Carrier or the persons referred to in paragraph (2)
of Clause 5 at the place of delivery before or at the
time of the removal of the goods into the custody of the
person entitled to delivery thereof under this Bill of
Lading, or if the loss or damage be not apparent within
seven consecutive days thereafter, such removal  shall
be prima facie evidence of the delivery by the Carrier
of the goods as described in this Bill of Lading.
 
22 NON DELIVERY Failure to effect delivery within 90
days after the expiry of a time limit agreed and
expressed in a CT Bill of Lading or where no time limit
is agreed and so express. Failure to effect  delivery
within 90 days after the time it would be reasonable to
allow for diligent completion of the combined transport
operation shall, in the absence of evidence in the
contrary, give the party entitled to receive delivery ,
the right to treat the goods as lost..
 
23 TIME BAR The Carrier shall be discharged of all
liability under the rules of these Conditions, unless
suit is brought within nine months after:
(1) the delivery of the goods, or
(2) the date when the goods should have been delivered;
or
(3) the date when in accordance with Clause 22, failure
to deliver the goods would in the absence of evidence to
the contrary, give to the party entitled to receive the
delivery, the right to treat the goods as lost.
In the event that such time period shall be found
contrary to any Convention or law compulsorily
applicable, the period covered by such Convention of law
shall then apply but in that circumstances only.
24 VARIATION OF THE CONTRACT No servant or agent of the
Carrier shall have power to waive or vary any of the
terms hereof unless such waiver or variation is in
writing and is specifically authorised or ratified in
writing by a director or officer of the Carrier who has
the actual authority of the Carrier so to waive or vary.
25 PARTIAL INVALIDITY If any person in this Sea Waybill
is held to be invalid or unenforceable by any court or
regulatory or self regulatory agency or body, such
invalidity or unenforceability shall attach only to such
provision. The validity of the remaining provisions
shall not be affected thereby and this Sea Waybill
contract shall be carried out as if such invalid or
unenforceable provision were not contained herein.
 

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