Effective	02NOV2015
Filed	02NOV2015
Filing Codes	C

BILL OF LADING
1. DEFINITIONS
A. "SSL" is the trade name of the carrier, Sea Shipping
Line, Inc.
B. "Carrier" means SSL, the vessel, her owner, operator,
and charterer.
C. "Ship" shall include any substituted vessel and any
craft, lighter or other means of conveyance used
by the carrier in the performance of the contract.
D. "Merchant" shall include the Consignor, Shipper,
Holder, Consignee, the receiver of the Goods, any persons,
including any legal entity, owning or entitled to the
possession of the Goods or this Bill of
Lading, and anyone acting on behalf of any such persons.
2. CLAUSE PARAMOUNT
Not withstanding any provision to the contrary in this
bill of lading, disputes arising from this bill of
lading will be
governed by the United States Carriage of Goods by Sea
Act, 46 U.S.C. sec. 1300, et seq. (COGSA), unamended.
Neither the Visby Amendments, the Hamburg Rules, nor any
other law or rule which may increase the carrier's
liability will
be deemed incorporated into this bill of lading. The
Carrier's liability will be limited to United States
$500 per package, or
in the case of goods not carried in packages, per
customary freight unit unless a higher value is
declared.
If, and only if, disputes arising from this bill of
lading are litigated in a forum which must apply the
United Nations
Convention on the Carriage of Goods by Sea 1978 (the
Hamburg Rules) the following provision will apply:
This bill of lading shall take effect subject to any
national law in force at the port of shipment or place
of issue of the
Bill of lading making the United Nations Convention on
the Carriage of Goods by Sea 1978 (the Hamburg Rules)
compulsorily
applicable to this bill of lading, in which case this
bill of lading shall have effect subject to the Hamburg
Rules which
shall nullify any stipulation derogating therefrom to
the detriment of the shipper or consignee.
3. The Carrier shall not be liable in any capacity
whatsoever for any delay, non-delivery, or mis-delivery
or loss of or
damage to the goods occurring while the goods are not in
his actual custody. The Carrier does not undertake to
deliver the goods at destination at any particular time
or to meet any particular market or use and assumes no
liability whatsoever for any direct or indirect loss or
damage thereby caused to the merchant.
4. JURISDICTION
Any dispute arising under this bill of lading shall be
brought against or by the carrier in the United States
District
Court, Southern District of New York, in accordance with
the laws of the United States. Notwithstanding the
foregoing, the
carrier or merchant may exercise any provisional remedy
or temporary relief available to it in any other
jurisdiction.
5. HIMILAYA CLAUSE
It is hereby expressly agreed that no servant or agent
of the Carrier (including every independent contractor
from
time to time employed by the Carrier) shall in any
circumstances whatsoever by under any liability
whatsoever to the
Merchant for any loss, damage or delay arising or
resulting directly or indirectly from any act, neglect
or default on his part
while acting in the course of or in connection with his
employment and, but without prejudice to the generality
of the
foregoing provisions in this clause every exemption,
limitation, condition and liberty herein contained and
every right,
exemption from liability, defence and immunity of
whatsoever nature to which the Carrier is entitled
hereunder shall also
be available and shall extend to protect every such
servant or agent of the Carrier acting as aforesaid and
all such
persons shall to this extent be or be deemed to be
parties to the contract evidenced by this Bill of
Lading.
6. SCOPE OF VOYAGE
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, usual or ordinary route or order. The ship
may sail
beyond the port of discharge or in a direction contrary
thereto or depart from the direct or customary route .
Also to
proceed or return to or stop or slow down at or off any
ports or places of use same in any rotation, call at any
port or place
more than once for any purpose whatsoever may sail with
or without pilots, tow or be towed, save or attempt to
save life
or property, may adjust compasses, dry dock, go on ways
or to repair yards, go on trial trips shift berths, take
fuel or
stores and all of the foregoing to be included in the
contract voyage.
7. CARRIER'S RESPONSIBILITY
The Carrier takes responsibility from the place of
receipt to the place of delivery as follows:
1. At all times the Carrier's liability shall be in
accordance with the U.S. Carriage of Gods by Sea Act,
whether the
damage occurred during the ocean voyage or overland
portion of the transportation.
2. If it should be adjudged that the U.S. Carriage of
Goods by Sea Act does not apply during the overland
portion of the
transportation, and that the damage occurred while the
goods were in the custody of the inland carrier, then,
and only
then, the liability of the Carrier shall be in
accordance with the terms and conditions of the inland
carrier's bill of lading
and/or tariffs.
3. In no event shall the liability of the Carrier exceed
$500.00 per package, or in the case of goods not shipped
in
packages, per customary freight unit, unless the nature
and value of the goods have been declared by the shipper
before shipment and declared on the reverse side of this
bill of lading and extra freight paid thereon.
4. In the event that consignees/receivers of cargo
require the Carrier to deliver cargo at a port or place
beyond the
place of delivery originally designated in this bill of
lading, and the Carrier in its absolute discretion
agrees to such
further carriage, such further carriage shall be
undertaken on the basis that the terms and conditions of
this bill of
lading shall apply to such carriage as if the ultimate
destination agreed with consignees/receivers had been
included
in the description of the transport on the reverse side
of this bill of lading.
8. DESCRIPTION AND PARTICULARS OF THE CARGO
The description and particulars of the cargo mentioned
herein are those furnished in writing by the Shippers who
guarantee the correctness thereof The Carrier has no
knowledge of the weight contents, measure, quantity,
condition,
marks, numbers and value of the cargo and undertakes no
responsibility whatsoever in such respect and the
Merchant
warrants no illegal cargo is concealed within any
package made up by him. The Merchant shall be liable for
and indemnity the Carrier of any injury, loss or damage
arising or occurring due to the Shipper's failure to
provide correct details.
The Merchant warrants that securing and packaging of
cargo are adequate to ensure handling in ordinary course
without damage to the cargo, the ship, other property or
persons The Merchant further agrees to disclose in
writing any
condition, nature quality, ingredient or characteristic
of the cargo which might indicate their inflammable or
in any other
respect dangerous or hazardous nature by packed and
marked in conformity with national or international
rules, regulations
or Conventions so as to inform the Carrier and/or any
other interested party of the true nature hereof The
Merchant
assumes full responsibility for any consequences
whatsoever of any failure in any respect above
mentioned.
If at any time the cargo for any reason whatsoever be
deemed in the judgement of the Carrier or Master or the
Health
of other Authorities to be in any respect unfit for
further carriage or injurious or dangerous in any
respect or it order
condemned by such Authorities, the cargo may be disposed
of as deemed proper by the Carrier Master or others solely
at the risk and expense of the Merchant. On such
occasion the Carrier's responsibility shall cease.
9. LOADING, DISCHARGING AND DELIVERY
The Port Authorities are hereby authorized to grant a
general order for discharging immediately upon arrival of
the Ship, and loading and discharging may commence without
previous notice.
Loading, discharging and delivery of the cargo shall be
arranged by the Carrier's Agent unless other wise agreed.
Landing, storing and delivery including all lighterage
and use of craft in discharging shall be at the risk and
expense of
the Merchant and landing and delivery charges and Pier
dues shall be at the expense of the goods unless
included in the freight herein provided for.
The Merchant or his Assign shall tender the goods when
the Vessel is ready to load as fast as the Vessel can
receive and - but only if required by the Carrier - also
outside ordinary working hours notwithstanding any custom
of the port.
Otherwise the Carrier shall be relieved of any
obligation to load such cargo and the Vessel may leave
the port without
further notice and dead freight is to be paid.
The Merchant or his Assign shall take delivery of the
goods and continue to receive the goods as fast as the
Vessel
can deliver and - but only if required by the Carrier -
also outside ordinary working hours notwithstanding any
custom
of the port. Otherwise the Carrier shall be at liberty
to discharge the goods whereafter this Contract shall be
deemed truly
fulfilled. If cargo is not applied for within a
reasonable time the Carrier may at its option and
subject to its lien arrange for
storage and ultimately sell the goods, all of which to
be for the risk and expense of the merchant. The Carrier
shall not be
required to give any notification of disposition of the
goods. The Merchant shall accept his portion of
unidentified loose
cargo. Any lightening in or off ports of loading or
ports of discharge to be for the account of the
Merchant.
10. OPTIONAL CARGO
The port of discharge for optional cargo must be
declared to the Vessel's agent at the first optional
port not later than
48 hours before the Vessel's arrival there in the
absence of such declaration of the Carrier may elect to
discharge at any
of the optional ports thereby duty fulfilling the
contract of carriage. Any option can only be exercised
for the full Bill of
Lading quantity.
11. GOVERNMENT DIRECTIONS, WAR, STRIKE, ETC.
A. The Master and the Carrier shall have liberty to
comply with any order or directions or recommendations
in connection
with the transport under this contract given by any
Government or Authority or anybody acting or purporting to
act on behalf of such Government or Authority, or having
under the terms of the insurance on the vessel the right to
give such orders or directions or recommendations.
B. In case of war, hostilities, strike, port congestion,
lockouts, civil commotions, quarantine, ice storms, or any
other cause whatsoever beyond the Carrier's control (whether
actual or threatened and whether or not existing or
anticipated at the commencement of the voyage) which in the
judgement of the Master or Carrier may result in damage to
or loss of the Vessel or cargo or give use rise to risk
of capture seizure or detention of Vessel or cargo or expose
any person on board to the risk of loss of life or freedom
or make it unsafe or imprudent for any reason to proceed on
or continue the voyage or enter or discharge at the port or
place of discharge or transshipment or give rise to delay or
difficulty in reaching discharging at or leaving the
port or place of discharge or transshipment the Master
and Carrier
shall at his absolute discretion (any warranty or rule
of law notwithstanding) be at liberty to discharge the
cargo at the
port of loading or any other state and convenient port.
Such discharge to be deemed due fulfillment of the Contract
of Affreightment and full freight and charges shall be
deemed to have been earned thereunder. When the goods
have been discharged as herein provided they shall
thereafter be at the sole risk and expense of the Merchant.
The Carrier shall be entitled to payment of all extra
expenses, including return freight if any incurred in
the performance of any of the aforegoing liberties, and
also to a reasonable compensation for any extra services
rendered to the goods.
C. If at any time upon or after the commencement of the
voyage in the sole opinion of the Master and/or Carrier,
call at
Port(s) of discharge through the Suez/Panama Canal(s) or
in the Arabian Gulf due to the closure of the Strait of
Hormuz or in any other navigable waters in connection
with the voyage and such trapping lasts and the cargo to be
deemed to have been placed under the Merchant's custody
and the Carrier/Vessel to be under no further responsibility
whatsoever for the cargo (if possible the Vessel to
discharge the cargo at the nearest available port) according
to the principles laid down above (B)
12. FREIGHT AND CHARGES, ETC. LIEN
A. Freight shall be payable on actual gross, intake
weight or measurement or at Carrier's option on actual
gross discharged
weight or measurement. Freight may be calculated on the
basis of the particulars of the goods furnished by
the Shipper herein but the Carrier may at any time open
the packages and examine, weight, measure and value the
goods and reserves the right to obtain from the Merchant
the original invoice in order to ascertain actual facts.
The Carrier is entitled in case of incorrect declaration of
cargo details and value to claim double the amount of
freight
which would have been due if such declaration had been
correctly given and the Shipper, Consignee and goods
shall be liable for any expense incurred for examining,
weighing, measuring and valuing the goods.
Full freight shall be considered completely earned on
shipment whether to be prepaid or collected at
destination
and the Carrier shall be entitled to all freight and
charges due hereunder and to receive and retain them
absolutely
and irrevocably under all circumstances whatsoever ship
and/or cargo lost or not lost or the voyage changed,
broken up, frustrated or abandoned. All charges or sums
payable to the Carrier are due when incurred and such
charges, sums and all unpaid freights or other charges
shall be paid in full without any counterclaims or
deductions.
Interest at 18 per cent per annum shall run from the
date when freight and charges are due.
B. The Shipper and Consignee shall be jointly and
severally liable to the Carrier for the payment of all
freight charges
and other 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 or
performance
by the Shipper and Consignee or either of them. 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 Shipper and
Consignee
for all purposes and any payment of freight to such
person, form 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 default by the Shipper and/or Consignee in
the payment of freight.
The Shipper and Consignee shall be liable for return
freight and charges on goods refused exportation or
importation by any or public authorities and the Carrier
accepts no responsibility therefor.
C. If there shall be a forced interruption or
abandonment of the voyage at any stage, and the Carrier
executes his
discretion indisposing of the goods as per clause (10)
hereof, any and all such dispositions shall be for the
risk and
account of the Merchant and no deductions are to be made
in any amount due to the Carrier.
D. The Merchant shall be liable for expenses of
fumigation and of gathering and sorting loose cargo and
of weighing on
board as well as expenses incurred in repairing damage
to cargo and replacing of packing due to excepted causes
and for all expenses caused by extra handling of the
cargo for any of the aforementioned reasons.
E. The Merchant shall in all respects comply with the
regulations and requirements of the Port, Customs and
other
authorities and shall be liable for any payment of - or
to indemnify the Carrier in respect of outlays for - any
dues,
taxes, charges as well as fines, imposts, loss, damage
or detention levied in connection with the goods
howsoever
caused including any action or requirement of any
Government or governmental Authority or persons
purporting to
act under authority thereof.
13. LIEN
The Carrier shall have a lien on the Goods and any
documents relating thereto for all sums payable to the
Carrier
under this contract and for general average
contributions to whomsoever due. The Carrier shall also
have a lien against
the Merchant on the Goods and any document relating
thereto for all sums due for him to the Carrier under
any other
contract. The Carrier may exercise his lien at any time
and any place in his sole discretion, whether the
contractual
Carriage is completed or not. In any event any lien
shall extend to cover the cost of recovering any sums
due and for that
purpose the Carrier shall have the right to sell the
Goods by public auction or private treaty without notice
to the Merchant.
The Carrier's lien shall survive delivery of the Goods.
14. PACKAGE LIMITATION
The carrier's liability will be limited to the amount
set forth in applicable rules, regulations and law
according to the
Clause Paramount and paragraph 7 (3) herein with respect
to each container except where the shipper declares ad
valorem valuation on the face hereof and pays additional
freight on such declared valuation. Where the goods in one
container belong to more than one owner, the limitation
amount as aforesaid shall be apportioned according to each
owner's interest in the contents. For goods received
break bulk, Carrier's limitation as aforesaid shall be
applied per
carton, bundle, skid, pallet or other unit as the case
may be unless the shipper declares ad valorem value
herein and pays additional freight, etc. as above.
15. CONTAINERS, ETC.
Where any container, transportable tank, flat or pallet
has not been packed, stuffed or loaded by the Carrier, the
Carrier shall not be liable for loss of or damage to the
contents and the Merchant shall indemnify the Carrier
against any
loss, damage, liability or expense it caused by
A. The manner in which the container, etc. has been
filled, packed, stuffed or loaded, or
B. The unsuitability or defective condition of the
contents for such carriage, or
C. The unsuitability or defective condition of the
contents for such carriage or to its intended or
required purpose for
which the Carrier cannot be blamed or which would have
been apparent upon reasonable inspection by the
Merchant at or prior to the time of its being filled,
packed, stuffed or loaded.
16. STOWAGE
The goods may be stowed in poop forecastle deck houses
shelter deck, passenger space or any other covered in
space commonly used in the trade for the carriage of
goods and such goods shall be deemed for all purposes
(including
General Average) to be stowed under deck.
Goods may be stowed by the Carrier or his agents or
servants in containers and containers whether filled as
aforesaid or received filled may be carried on or under deck
without notice. The Carrier's liability for such
carriage shall be
according to the Clause Paramount hereof notwithstanding
the fact that the goods are being carried on deck and the
goods shall contribute to General Average.
17. LIVE ANIMALS, PLANTS AND DECK CARGO
Live animals, plants and cargo carried on deck and
stated herein to be so carried shall be carried
according to
Clause Paramount hereof with the exception that all
risks of loss inherent in the carriage of live animals,
plant and deck
cargo shall be borne by the Merchant. The Carrier shall
not be liable in any other respect for such cargoes
unless the
cause of damage/loss be proven to have been caused by
the actual fault of privity of the Carrier or any of his
servants.
The goods shall contribute to General Average.
18. FIRE
Neither the Carrier nor any Corporation owned by,
subsidiary to or affiliated with the Carrier shall be
liable to answer
for or make good any loss or damage to the goods
wheresoever, whensoever and howsoever occurring (even
though
before loading on or after discharge from the ship) be
reason of any fire whatsoever unless such fire shall
have been
caused by the design or neglect or by the actual fault
or privity of the Carrier or of such Corporation
respectively.
19. DEMISE CLAUSE
If the ship is not owned by or chartered by demise to
the Company or Line by whom this Bill of Lading is
issued (as
may be the case notwithstanding anything that appears to
the contrary) this Bill of Lading shall take effect only as
a contract with the owner or Demise Charterer as the case
may be as Principal, made through the Agency of said Company
or Line who act as agents only and who shall be under no
personal liability whatsoever in respect thereof.
20. BOTH-TO-BLAME COLLISION CLAUSE
(To remain in effect even if unenforceable in the Courts
of the United States of America)
If the vessel comes into collision with another vessel
as a result of the negligence of the other vessel and any
act, negligence or default of the 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
Owner in so far as such loss or liability represents
loss of or damage to or any claim whatsoever of the
Owner of the said
goods paid or payable by the other or non-carrying
vessel or her Owner to the Owner of said cargo and set off
or recouped or recovered by the other or non-carrying
vessel or her Owner as part of his claim against the
carrying vessel
or Carrier. The foregoing provisions shall also apply
where the Owner, operator or 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 or contact.
21. AMENDED JASON CLAUSE
General Average to be adjusted at any port or place at
Carrier's option and to be settled according to the York
Antwerp Rules 1974 in the event of accident, danger,
damage or disaster before or after commencement of the
voyage
resulting from any cause whatsoever whether due to
negligence or not for which or for the consequence of
which the
Carrier is not responsible by statute contract or
otherwise the Merchant shall contribute with the carrier
in General Average
to the payment of any sacrifice, losses or expenses of a
General average nature that may be made or incurred, and
shall pay salvage and special charges incurred in
respect to the goods. If a saving vessel is owned or
operated by the
Carrier, salvage shall be paid for as fully as if the
salving vessel or vessels belonged to strangers.
22. REFRIGERATION CLAUSE
The Carrier shall not be accountable for the condition
of goods shipped under this Bill of Lading nor for any
loss or
damage thereto arising from rotting, ripening, inherent
vice of the thing carried effects of fumigation,
temperature, risks of
refrigeration, accidents to or explosion breakage,
derangement or failure of any refrigerator plant or part
thereof or in any
material used in the process of refrigeration unless
shown to have resulted from causes for which the Carrier
may not be
exempted under the provisions of the Hague Rules or
Hague Visby Rules or applicable legislation.
23. CARGO CLAIMS
Unless notice of loss or damage and the general nature
of such loss or damage be given in writing to the
Carrier or
his Agent at the port of discharge before or at the time
of the removal of the goods into the custody of the
person entitled
to delivery thereof under this contract such removal
shall be prima facie evidence of the delivery by that
Carrier of the
goods as described in the Bill of Lading if the loss or
damage is not apparent the notice must be given within
three days of delivery.
In any event the Carrier and the Ship shall be
discharged from all liability in respect of loss or
damage unless suit is
brought within one year after the delivery of the goods
or the date when the goods should have been delivered.

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