RULE: 8 - BILL(S) OF LADING Eff: 01JUL2016
| Effective | 01JUL2016 |
|---|---|
| Filed | 01JUL2016 |
| Filing Codes | I |
COMBINED TRANSPORT BILL OF LADING
Received in apparent good order and condition, unless
otherwise stated herein, for shipment on board the ocean
vessel mentioned herein or on board the feeder vessel or
other means of transportation (rail or truck) if named
herein the goods or packages or containers said to
contain goods, hereinafter called "the Goods", specified
herein for carriage from the port of loading named
herein or place of receipt if mentioned herein, on a
voyage as described and agreed by this bill of lading
and discharge at the port of discharge named herein or
delivery at the place of delivery if mentioned herein,
such carriage, discharge or delivery being always
subject to the exceptions, limitations, conditions and
liberties hereinafter agreed, in like order and
condition at the port of discharge or place of delivery
if named as the case may be, for delivery unto the
Consignee mentioned herein or to his or their assigns
where the Carrier's responsibilities shall in all cases
and all circumstances whatsoever finally cease.
Full freight hereunder shall be due and payable by the
shipper in cash without deduction on receipt of the
goods or part thereof by the carrier for shipment and
shall be deemed to have been fully earned upon such
receipt of goods. All charges due hereunder together
with freight shall be due from and payable by the
Shipper, Consignee, Owner of the Goods or Holder of this
Bill of Lading (who shall be jointly and severally
liable to the carrier therefore) on demand at such port
or place as the Carrier may require, vessel or other
means of transportation or cargo lost or not lost from
any cause whatsoever.
The freight stated herein to be paid or payable has been
calculated and based on the particulars of the Goods
furnished by the Shipper to the carrier. The Carrier
shall be entitled at any time to open and re-classify or
re-weigh or re-measure or re-value any goods, and
freight shall be paid on the proper classification or
the excess weight or measurement or value (if any) as
the case may be so ascertained. The expenses of and
incidental to re-classifying or re-weighing or
re-measuring or revaluing shall be borne by the Carrier
if the classification or weight or measurement or value
as furnished by the Shipper is found to be correct but
otherwise such expenses shall be considered as freight
and shall be borne and paid by the Shipper, Consignee,
Owner of the Goods and/or Holder of the Bill of Lading.
The Shipper shall, if required by the Carrier so to do,
furnish forthwith on demand to the Carrier the invoice
or true copy thereof relating to the Goods.
Agents signing this Bill of Lading on behalf of the
Company or Line by whom the Bill of Lading is issued
have only the limited authority at common law of a
vessel's master signing a Bill of Lading.
Notwithstanding the heading "Combined Transport Bill of
Lading", the provisions set out and referred to in this
document shall also apply if the transport as described
on the face of the Bill of Lading is performed by one
mode of transport only.
THE TERMS OF THIS BILL OF LADING ON THIS SIDE AND ON THE
REVERSE SIDE HEREOF ARE MUTUALLY AGREED AS FOLLOWS:
This Bill of Lading shall have effect subject to the
provisions of the "Carriage of Goods by Sea Act 1936"
("COGSA") of the United States of America in respect of
carriage of goods from ports in the United States.
Otherwise this Bill of Lading shall have effect subject
to the provisions of the Hague Rules contained in the
International Convention for Unification of certain
Rules relating to Bills of Lading, dated Brussels,
August 25, 1924, as enacted in the Country of shipment,
or if no such enactment is compulsorily applicable, the
provisions of said convention shall apply. If any
provisions of this Bill of Lading be invalid under COGSA
or any other law that is compulsorily applicable, such
provision shall, to the extent of such invalidity, but
no further, be null and void.
1. DEFINITIONS:
"Carrier" means the Owners or demise Charterer of the
ocean vessel on whose behalf this Bill of Lading has
been issued.
"Goods" means the cargo accepted from the Shipper and
includes any Container not supplied by or on behalf of
the Carrier.
"Container" includes any container, trailer,
transportable tank, flat or pallet.
"Merchant" includes the Consignor, Shipper, Holder,
Consignee, the receiver of the Goods, any person
including any Corporation, Company or other legal entity
owning or entitled to the possession of the Goods or
this Bill of Lading and anyone acting on behalf of such
persons.
"Holder" means any person for the time being in
possession of this Bill of Lading to whom the property
in the Goods has passed on or by reason of the
consignment of the Goods or the endorsement of this Bill
of Lading or otherwise.
"The Internal Law of a State" shall be deemed to
exclude all principles of private international law
applied by such State.
2. CARRIER'S TARIFF:
The terms of the Carriers applicable Tariff are
incorporated herein. Copies of the relevant provisions
of the applicable Tariff are obtainable from the Carrier
upon request. In the case of inconsistency between this
Bill of Lading and the applicable Tariff, this Bill of
Lading shall prevail.
3. SUB-CONTRACTING:
(1) 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.
(2) The Merchant undertakes that no claim or
allegation shall be made against any servant, agent,
stevedore or sub-contractor of the carrier which imposes
or attempts to impose upon any of them or any vessel
owned or chartered by any of them any liability
whatsoever in connection with the Goods, and, if any
such claim or allegation should nevertheless be made, to
indemnify the Carrier against all consequences thereof.
Without prejudice to the foregoing every such servant,
agent, stevedore and sub-contractor shall have the
benefit of all provisions herein benefiting the Carrier
as if such provisions were expressly for their benefit,
and all limitations of and exonerations from liability
provided to the Carrier by law and by the terms hereof
shall be available to them, and, in entering into this
contract the Carrier, to the extent of those provisions,
does so not only on its own behalf, but also as agent
and trustee for such servants, agents, stevedores and
sub-contractors.
(3) The expression "sub-contractor" in this clause
shall include direct and indirect sub-contractors and
their respective servants and agents.
4. CARRIER'S RESPONSIBILITY:
The Carrier takes responsibility from the place of
receipt if named herein or from the port of loading to
the port of discharge or the place of delivery if named
herein as follows:
Where loss or damage has occurred between the time of
receipt of the Goods by the Carrier at the port of
loading and the time of delivery by the Carrier to the
port of discharge, or during any prior or subsequent
period of carriage by water, or where it cannot be
established where the loss or damage occurred, the
liability of the Carrier shall be determined in
accordance with the provisions of the International
Convention for the Unification of Certain Rules relating
to Bills of Lading dated Brussels the 25th of August,
1924 such as the Carriage of Goods by Sea Act 1924 of
the United Kingdom, or where compulsorily applicable the
Carriage of Goods by Sea Act of the United States 1936
or of like statutes of other countries. If anything
herein contained be inconsistent with the said Acts or
Laws it shall to the extent and on the occasion of such
inconsistency and no further, be null and void.
If it can be proved that the loss or damage occurred
while the Goods were in the custody of an inland carrier
the liability of the Carrier and the limitation thereof
shall be determined in accordance with the inland
carrier's contracts of carriage and tariffs, or in the
absence of such contracts and tariffs, in accordance
with the internal law of the State where the loss or
damage occurred.
In no event shall the liability of the Carrier exceed
the amount of compensation payable under Clause 5. The
Carrier shall be entitled to the full benefit of and
right to all limitations of or exemptions from liability
authorized by any provision of Section 4281 to 4289 of
the Revised Statutes of the United States of America and
amendments thereto and of any other provisions of the
laws of the United States or of any other country whose
laws shall apply.
Nothing in this Bill of Lading, expressed or implied,
shall be deemed to waive or operate to deprive the
carrier of or lesson the benefits of any such rights,
immunities, limitations or exemptions.
5. THE AMOUNT OF COMPENSATION:
(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
invoice value of the Goods plus freight and insurance if
paid.
(2) In no event shall the Carrier be or become
liable for any loss of or damage to or in connection
with the Goods in an amount exceeding the limit per
package or unit (meaning the unit in which the cargo is
shipped; container stuffed by the Merchant to be
considered as a unit) provided for by the United States
Carriage of Goods by Sea Act, Section 4 (5) or by any
similar act in force according to the provisions of
Clause 4 unless the nature and value of such goods have
been declared by the Shipper before shipment, agreed by
the Carrier, inserted in the Bill of Lading and moreover
freight paid on "ad valorem" basis. Whenever the value
of the Goods is less than such an amount this value in
the calculation and the adjustment of claims for which
the Carrier may be liable shall be for the purpose of
avoiding uncertainties and difficulties in fixing values
be deemed to be the invoice value plus freight and
insurance, if paid, irrespective of whether any other
value is greater or less.
(3) Higher compensation may be claimed only when,
with the consent of the Carrier, the value of the goods
declared by the Shipper which exceeds the limit laid
down in this clause has been stated in this Bill of
Lading. In that case the amount of the declared value
shall be substituted for that limit. Any partial loss or
damage shall be adjusted pro rata on the basis of such
declared value.
6. GENERAL:
(1) The Carrier does not undertake that the Goods
shall arrive at the port of discharge or the place of
delivery at any particular time or to meet any
particular market or use and save as is provided in
Clause 4 the carrier shall in no circumstances be liable
for any direct, indirect or consequential loss or damage
caused by delay. If the Carrier should nevertheless be
held legally liable for any such direct or indirect or
consequential loss or damage caused by delay, such
liability shall in no event exceed the freight paid for
the transport covered by this Bill of Lading.
(2) Save as is otherwise provided herein, the
Carrier shall in no circumstances be liable for direct
or indirect or consequential loss or damage arising from
any other cause.
(3) The terms of this Bill of Lading shall govern
the responsibility of the Carrier in connection with or
arising out of the supplying of a Container to the
Merchant whether before or after the Goods are received
by the Carrier for transportation or delivered to the
Merchant.
7. NOTICE OF LOSS, TIME BAR:
Unless notice of loss or damage and the general nature
of such loss or damage be given in writing to the
Carrier or his agents at the port of discharge or the
place of delivery as the case may be before or at the
time of removal of the goods in to the custody of the
Merchant such removal shall be prima facie evidence of
the delivery by the Carrier of the Goods as described in
this Bill of Lading. If the loss or damage is not
apparent, then notice must be given within three days of
the delivery. In any event, the Carrier shall be
discharged from any liability unless suit is brought
within one year after delivery of the goods or the date
when the Goods should have been delivered.
8. DEFENSES AND LIMITS FOR THE CARRIER:
The defenses and limits of liability provided for in
this Bill of Lading shall apply in any action against
the Carrier for loss of or damage to the Goods whether
the action be founded in contract or in tort.
9. SHIPPER-PACKED CONTAINERS:
(1) If a container has not been filled, 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 injury,
loss, damage, liability or expense incurred by the
Carrier if such injury, loss, damage, liability or
expense has been caused by:
(a) the manner in which the Container has been
filled, packed, stuffed or loaded; or
(b) the unsuitability of the contents for carriage
in Containers; or
(c) the unsuitability or defective condition of the
Container which would have been apparent upon reasonable
inspection by the Merchant at or prior to the time the
Container was filled, packed, stuffed or loaded.
(2) If a Container which has not been filled,
packed, stuffed or loaded by the Carrier is delivered by
the Carrier with seals intact, such delivery shall be
deemed as full and complete performance of the Carrier's
obligation hereunder and the Carrier shall not be liable
for any loss of or damage to the contents of the
Container.
(3) The Shipper shall inspect Containers before
stuffing them and the use of the Containers shall be
prima facie evidence of their being sound and suitable
for use.
10. INSPECTION OF GOODS:
The Carrier shall be entitled to, but under no
obligation to, open any Package or Container at any time
and to inspect the contents. 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 such Package or 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.
11. DESCRIPTION OF GOODS:
No representation is made by the Carrier as to the
weight, contents, measure, quantity, quality,
description, condition, marks, numbers or value of the
Goods and the Carrier shall be under no responsibility
whatsoever in respect of such description or
particulars.
12. SHIPPER'S RESPONSIBILITY:
(1) The Shipper warrants to the Carrier that the
particulars relating to the Goods as set out overleaf
have been checked by the Shipper on receipt of this Bill
of Lading and that such particulars and any other
particulars furnished by or on behalf of the Shipper are
correct.
(2) The Shipper shall indemnify the Carrier against
all loss, damage or expenses arising or resulting from
inaccuracies or inadequacy of such particulars.
13. FREIGHT AND CHARGES:
(1) The Merchant's attention is drawn to the
stipulations concerning currency in which the freight
and charges are to be paid, rate of exchange,
devaluation and other contingencies relative to freight
and charges in the applicable Tariff.
(2) The freight has been calculated on the basis of
particulars furnished by or on behalf of the Shipper.
The Carrier may at any time open any Container or other
Package or Unit in order to re-weigh, re-measure,
re-classify, or re-value the contents, and if the
particulars furnished by or on behalf of the Shipper are
incorrect, it is agreed that a sum equal to the
difference between the correct freight and the freight
charged shall be payable by the Merchant to the Carrier.
14. LIEN:
(1) 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 and for the cost of
recovering the same, and for that purpose shall have the
right to sell the Goods by Public Auction or private
treaty without notice to the Merchant. If on sale of the
Goods the proceeds fail to cover the amount due and the
cost incurred, the carrier shall be entitled to recover
the deficit from the Merchant.
(2) If the Goods are unclaimed during a reasonable
time, or whenever in the Carrier's opinion the Goods
will become deteriorated, decayed, or worthless, the
Carrier may, at his discretion and subject to his lien
and without any responsibility attaching to him, sell,
abandon or otherwise dispose of the Goods at the sole
risk and expense of the Merchant.
15. OPTIONAL STOWAGE, DECK CARGO AND LIVESTOCK:
(1) The Goods may be stowed by the carrier in
Containers or similar articles of transport used to
consolidate goods.
(2) Goods stowed in Containers, whether by the
Carrier or by the Merchant, may be carried on deck or
under deck without notice to the Merchant unless on the
face hereof it is specifically stipulated that the
Containers will be carried under deck, and if carried on
deck, the Carrier shall not be required to note, mark or
stamp on the Bill of Lading any statement of such on
deck carriage. Such Goods (other than livestock) whether
carried on deck or under deck and whether or not stated
to be carried on deck shall participate in General
Average and shall be deemed to be within the definition
of Goods for the purpose of the Hague Rules or similar
provisions of any other Act which may be applicable.
(3) Goods (not being goods stowed in Container other
than flats or pallets) which are stated herein to be
carried on deck and livestock, whether or not carried on
deck, are carried without responsibility on the part of
the Carrier for loss or damage of whatsoever nature
arising during carriage by sea whether caused by
unseaworthiness or negligence or any other cause
whatsoever.
16. METHODS & ROUTES OF TRANSPORTATION:
(1) The Carrier may at any time and without notice
to the Merchant:
(a) use any means of transport or storage
whatsoever;
(b) transfer the Goods from one conveyance to
another including trans-shipping or carrying the same on
another vessel than the vessel named overleaf or on any
other means of transport whatsoever and even though
transshipment or forwarding of the Goods may not have
been contemplated or provided for herein;
(c) sail without pilots, proceed via any route,
proceed to, return to and stay at any port or place
whatsoever (including the port of loading herein
provided) in any order in or out of the route or in a
contrary direction to or beyond the port of discharge
once or oftener for bunkering or loading or discharging
cargo or embarking or disembarking and person(s) whether
in connection with the present a prior or subsequent
voyage or any other purpose whatsoever, and before
giving delivery of the Goods at the port of discharge or
the place of delivery herein provided and with liberties
as aforesaid leave and then return to and discharge the
Goods at such port, tow or be towed, make trial trips,
adjust compasses, or repair or dry-dock, with or without
cargo on board.
(d) load and unload the Goods at any port or
place (whether or not any such port is named overleaf as
the Port of Discharge) and store the Goods at any such
port or place;
(e) comply with any orders or recommendations
given by any government or authority or any person or
body 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.
(2) Anything done or not done in accordance with sub
clause (1) or any delay arising therefrom shall be
deemed to be within the contractual carriage and shall
not be a deviation.
17. MATTERS AFFECTING PERFORMANCE:
(1) 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 has 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 port or place
whatsoever which the Carrier or Master may consider safe
and advisable in the circumstances, 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 port or place.
(2) The circumstances referred to in sub-clause (1)
above shall include, but shall not be limited to, those
caused by the existence or apprehension of war declared
or undeclared, hostilities, warlike or belligerent acts
or operations, riots, civil commotions or other
disturbances, closure of, obstacles in or danger to any
canal; blockade of port or place or interdict or
prohibition of or restriction on commerce or trading,
quarantine, sanitary or similar regulations or
restrictions; strikes lockouts or other labour troubles
whether partial or general and whether or not involving
employees of the Carrier or his sub-contractors;
congestion of port, wharf, sea terminal or any other
place; shortage, absence or obstacles of labour or
facilities for loading, discharge, delivery or other
handling of the Goods; epidemics or diseases; bad
weather, shallow water, ice, landslide or other obstacle
in navigation or haulage.
18. REFRIGERATED CARGO:
(1) The Merchant undertakes not to tender for
transportation any Goods which require refrigeration
without previously giving written notice of their nature
and particular temperature range to be maintained and in
case of a refrigerated container packed by or on behalf
of the Merchant further undertakes that the Goods have
been properly stowed in the Container and that its
thermostatic controls have been adequately set by him
before receipt of the Goods by the Carrier. If the above
requirements are not complied with, the Carrier shall
not be liable for any loss of or damage to the Goods
howsoever arising.
(2) The Carrier shall not be liable for any loss of
or damage to the Goods arising from latent defects,
derangement, breakdown, stoppage of the refrigeration
machinery, plant, insulation and/or any apparatus of the
Container, vessel, conveyance and any other facilities
whatsoever provided that the carrier shall before or at
the beginning of the transport exercise due diligence to
maintain the refrigerated Container in an efficient
state.
19. DANGEROUS GOODS:
(1) The Merchant undertakes not to tender for
transportation any Goods which are of a dangerous,
inflammable, radioactive or damaging nature without
previously giving written notice of their nature to the
Carrier and marking the Goods and the Container or other
covering on the outside as required by any laws or
regulations which may be applicable during the carriage.
The Carrier or the Master may however, in their absolute
discretion reject any such cargo.
(2) If the requirements of sub-clause (1) are not
complied with the Goods may at any time or place be
unloaded, destroyed, or rendered harmless without
compensation and the Merchant shall indemnify the
Carrier against all loss, damage or expense arising out
of the Goods being tendered for transportation or
handled or carried by the Carrier. Further the Carrier
shall be under no liability to make any general average
contribution in respect of such Goods.
(3) If the Goods of a dangerous, inflammable,
radioactive or damaging nature, which were tendered in
compliance with sub-clause (1), shall become a danger to
the vessel, cargo or any other property or person, such
goods may in like manner be unloaded, destroyed or
rendered harmless without compensation and the Merchant
shall indemnify the Carrier against all loss, damage or
expense which the Carrier could not avoid by the
exercise of reasonable diligence but incurred as a
result of the carriage of such Goods.
20. REGULATIONS RELATING TO GOODS:
The Merchant shall comply with all regulations or
requirements of Customs, Port and other authorities, and
shall bear and pay all duties, taxes, fines, imports,
expenses or losses incurred or suffered by reason
thereof or by reason of any illegal, incorrect or
insufficient marking, numbering or addressing of the
Goods, and indemnify the Carrier in respect thereof.
21. NOTIFICATIONS AND DELIVERY:
(1) Any mention in this Bill of Lading of parties to
be notified upon arrival of the Goods is solely for
information of the Carrier, and failure to give such
notification shall not involve the Carrier in any
liability nor relieve the Merchant of any obligation
hereunder.
(2) The Merchant shall take delivery of the Goods
within the time provided for in the Carrier's applicable
Tariff.
(3) If the Merchant fails to take delivery of the
Goods or part of them in accordance with this Bill of
Lading, the Carrier may without notice unstow the Goods
or that part thereof and/or store the Goods or that part
thereof ashore, afloat, in the open or under cover. Such
storage shall constitute due delivery hereunder, and
thereupon all liability whatsoever of the Carrier in
respect of the Goods or that part thereof shall cease.
(4) The Merchant's attention is drawn to the
stipulations concerning free storage time and demurrage
contained in the Carrier's applicable Tariff, which is
incorporated in this Bill of Lading.
(5) The Carrier may in his absolute discretion
receive the Goods as Full Container Load and deliver
them as Less than Full Container Load and/or as split
delivery of the Goods to more than one receiver. In such
event the Carrier shall not be liable for any shortage,
loss, damage or discrepancies of the Goods, which are
found upon unpacking of the Container.
(6) The Carrier may in his absolute discretion
receive the Goods as Less than Full Container Load and
deliver them as Full Container Load. In such event the
Carrier shall not be liable for any shortage, loss,
damage or discrepancies of the Goods, which were not
apparent at the time of such delivery, provided that he
shall have exercised ordinary care in packing the
Container.
22. BOTH-TO-BLAME COLLISION CLAUSE:
If the carrying ship comes into collision with another
ship as a result of negligence of the other ship and any
act, neglect or default in the navigation or the
management of the carrying ship, the Merchant undertakes
to pay the carrier, or, where the Carrier is not the
owner and in possession of the carrying ship, to pay to
the Carrier as trustee for the owner and/or demise
charterer of the carrying ship, a sum sufficient to
indemnify the Carrier and/or the owner and/or demise
charterer of the carrying ship against all loss or
liability to the other non-carrying ship or her owners
insofar as much 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 ship or her
owners to the Merchant and set off, recouped or
recovered by the other or non-carrying ship or her
owners as part of their claim against the carrying ship
or her owners or demise charterer or the Carrier. The
foregoing provisions shall also apply where the owners,
operators, or those in charge or any ship or ships or
objects, other than, or in addition to, the colliding
ships or objects, are at fault in respect to a
collision, contact, stranding or other accident.
23. NEW JASON CLAUSE:
(1) In the event of accident, danger, damage or
disaster before or after the 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 and the Merchant shall
jointly and severally 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.
(2) If a salving ship is owned or operated by the
Carrier, Salvage shall be paid for as fully as if the
said salving ship belonged to strangers.
24. GENERAL AVERAGE:
(1) General Average shall be adjusted at any port or
place in the option of the Carrier in accordance with
the York-Antwerp Rules 1974.
(2) Such deposit as the Carrier may deem sufficient
to cover the estimated contribution of the Goods and any
salvage and special charges thereon shall if required be
made by the Merchant in the Carrier before delivery. If
the carrier delivers the Goods without obtaining
security for General Average contributions, the Merchant
by taking delivery of the Goods, undertakes personal
responsibility to pay such contributions and to provide
such cash deposit or other security for the estimated
amount of such contribution as the Carrier shall
reasonably require.
(3) The Carrier shall be under no obligation to
exercise any lien for general average contribution due
to the Merchant.
25. VARIATION OF THE CONTRACT, ETC.:
No servant or agent of the Carrier shall have power to
waive or vary any terms of this Bill of Lading unless
such waiver or variation is in writing and is
specifically authorized or ratified in writing by the
Carrier.
26. JURISDICTION:
This Bill of Lading shall be construed under the Laws of
the United States of America and the Merchant agrees
that any suit against and/or by the Carrier shall be
brought in the United States District Court for the
Southern District of Georgia at Savannah, Georgia.