Effective	20JUN2011
Filed	20JUN2011
Filing Codes	I

BILL OF LADING--TERMS AND CONDITIONS
1. (a) Except as otherwise provided herein this Bill of
Lading shall have
effect subject to the provisions of the Carriage of
Goods by Sea
Act of the United States of America, approved April 16,
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 the 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 en route 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 Carrier's 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
such services as necessary and shall have the right at
its sole discretion
to contract any mode of land, sea or air transportation
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 or in the
open, at any
place, which storage shall be deemed to constitute due
delivery under this
Bill of Lading. The Merchant shall indemnify the Carrier
against any 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 carried solely at Merchant's risk
(including accident
or mortality of animals) and the Carrier shall not in
any event be liable for
any loss or damage thereto arising or resulting from any
matters mentioned
in Section 4, Sub-Section 2(a) to (p), inclusive, of the
United States
Carriage of Goods by Sea Act or from any other cause
whatsoever not
due to the fault of the Carrier, any warranty of
seaworthiness in the premises
being hereby waived, and the burden of proving liability
being in all
respects upon the Merchant. Except as provided above,
such shipments
shall be deemed Goods and shall be subject to all terms
and provisions
of this Bill of Lading relating to Goods.
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,
drydock 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 or property, and all of
the foregoing are
included in the contract voyage. The vessel may carry
contraband, explosives,
munitions, warlike stores, hazardous cargo, and sail
armed or
unarmed, and with or without convoy.
The Carrier's sailing schedules are subject to change
without notice
both as to the sailing date and date of arrival. If 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 endeavors, 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 or
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 judgment 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 or
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 toward or entering or
attempting to enter a
port of discharge, or reaching or attempting to reach a
usual place of discharge
therein or attempting to discharge the shipment may
discharge the
Goods and/or devan the contents of any container(s) at
another port
depot, lighter craft or other place or may forward or
transship them as provided
in this Bill of Lading, or the Carrier or the Master may
retain the
Goods vanned or unvanned, on board until the return of
the vessel to the
port of loading or to the port of discharge or until
such time as the Carrier
or the Master thinks advisable and discharge the Goods
at any place
whatsoever as herein provided. The Carrier or the Master
is not required
to give notice of such devanning or of discharge of the
Goods or of the forwarding
thereof as herein provided. When the Goods are
discharged from
the ship as herein provided, such shall be at the risk
and expense of the
Goods. Such discharging shall constitute complete
delivery and performance
under this contract and the Carrier shall be free from
any further
responsibility, unless it be shown that any loss or
damage to the Goods
arose from Carrier's negligence in the discharge and
delivery as herein
provided, the burden of establishing such negligence
being on the
Merchant. For any service rendered to the Goods as
hereinabove 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 loading or discharge, and for any loss,
damage or
expense incurred by Carrier as a result of the failure
to return the cargo
unit to the Carrier in the same, sound condition and
state of cleanliness
as when received by shipper. Such loss, damage, expense
or delay shall
constitute a lien on the Goods.
Where a cargo unit is to be unpacked or unloaded by
consignee or its
agent, consignee or its agent shall promptly unpack or
unload such cargo
unit and take delivery of its contents, irrespective of
whether the Goods
are damaged or not. Carrier shall not be liable for loss
or damage caused
to the Goods by or during such unpacking or unloading.
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
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,
packing and preparation
of 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 to any injury or death of any
person, or loss or damage
to cargo or cargo unit of 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 breach of
any of the foregoing
representations or warranties, howsoever occurring, even
without fault of
shipper, consignee and/or owner of the Goods, and even
though such
injury, death, loss or damage is caused in whole or in
part by fault of the
Carrier or unseaworthiness.
22. The Merchant and the Goods themselves shall be
liable for and shall
indemnify the Carrier, and the Carrier shall have a lien
on the Goods for
all expenses of mending, repairing, fumigating,
repacking, coopering, baling,
reconditioning of the Goods and gathering of loose
contents of 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 on actual gross discharge
weight or measurement
or on a value or other basis. Freight may be calculated
on the basis
of the particulars of the Goods furnished by the shipper
herein, but the
Carrier may, as previously stated herein, at any time
open the packages
or containers and examine, weigh, measure and value the
Goods (unless
applicable law prohibits same). In case shipper's
particulars are found to
be erroneous and additional freight payable, the
Merchant and the Goods
shall be liable for any expense incurred for examining,
weighing, measuring
and valuing the Goods. Full freight shall be paid on
damaged or
unsound goods. Full freight hereunder to place of
delivery named herein
and advance charges (including on-Carrier's) shall be
considered completely
earned on receipt of the Goods by the Carrier, whether
the freight
be stated or intended to be prepaid or to be collected
at destination, and
the Carrier shall be entitled to all freight and
charges, extra compensation,
demurrage, detention, General Average, claims and any
other payments
made and liability incurred with respect to the Goods,
whether actually
paid or not, and to receive and retain them irrevocably
under all circumstances
whatsoever, vessel, conveyance and/or cargo lost,
damaged or
otherwise, or the combined transport changed, frustrated
or abandoned.
In case of 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 amount 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
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,
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 adjuster pending settlement of
the General
Average and refunds of credit balances, if any, shall be
paid in United
States currency. In addition to the circumstances dealt
with in the 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 salving ship is
owned or operated by
the Carrier, salvage shall be paid for as fully and in
the same manner as
if such salving ship or ships were owned or operated by
strangers.
Cargo's contribution in General Average shall be paid to
the ship owner
even when such average is the result of fault, neglect
or error of the
Master, pilot, officers or crew. The Merchant expressly
renounces any and
all 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 prima facie evidence of the delivery by
the Carrier of the
Goods or packages as described in this Bill of Lading.
31. As to loss or damage to the Goods or package
occurring or presumed
to have occurred during ocean carriage, the Carrier and
the vessel shall
be discharged from all liability in respect of loss,
damage, misdelivery,
delay or in respect of any other breach of this contract
and any claim
whatsoever with respect to the Goods or packages, unless
suit is brought
within one year after delivery of the Goods or package
or the date when
the Goods or package should have been delivered. 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 therefor 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 therefor
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
conditions 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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