RULE: 8 - BILL(S) OF LADING Eff: 21JUL2005
| Effective | 21JUL2005 |
|---|---|
| Filed | 21JUL2005 |
| Filing Codes | C |
BILL OF LADING FOR PORT TO PORT OR COMBINED TRANSPORT
SHIPMENT
DEFINITIONS
"Merchant" means and includes the Shipper, the
Consignor, the Holder of this Bill of Lading, the
Receiver and the Owner of the Goods.
"Carrier" means the issuer of this Bill of Lading as
named on the face of it.
"Hague Rules" means the provisions of the International
Convention for Unifications of certain Rules relating to
Bills of Lading signed at Brussels on 25th August 1924.
"Hague-Visby Rules" means the Hague Rules as amended by
the Protocol signed at Brussels on 23rd February 1968.
"COGSA 1936" means the Carriage of Goods by Sea Act of
the United States of America approved on 16th April
1936.
"COGWA 1936" means the Carriage of Good by Water Act
1936 of Canada.
"COGSA 1971" means the Carriage of Goods by Sea Act 1971
of the United Kingdom dated 8th April 1971.
"SDR'S" means Special Drawing Rights as defined by the
International Monetary Fund.
"Container" includes any type of Container, Trailer,
Flat or Unit Load Device.
"Person" includes an individual, a firm and a body
corporate.
CONDITIONS
1. APPLICABILITY
The provisions set out and referred to in this document
shall apply if the transport as described on the face of
the Bill of Lading is Port to Port or Combined
Transport.
2. CARRIER'S TRAIFF
The provisions of the Carrier's applicable Tariff, if
any, are incorporated herein. Copies of such provisions
are obtainable from the Carrier or his agents upon
request or, where applicable, from a government body
with whom the Tariff has been filed. In the case of
inconsistency between this Bill of Lading and the
applicable Tariff, this Bill of Lading shall prevail.
3. WARRANTY
The Merchant warrants that in agreeing to the terms
hereof he is the agent of and has the authority of the
person owning or entitled to the possession of the Goods
or any person who has a present or future interest in
the Goods.
4. NEGOTIABILITY AND TITLE TO THE GOODS
(1) This Bill of Lading shall be non-negotiable unless
made "to order" in which event is shall be negotiable
and shall constitute title to the Goods and the holder
shall be entitled to receive or to transfer the Goods
herein described.
(2) This Bill of Lading shall be prima facie evidence of
the taking in charge by the Carrier of the Goods as
herein described. However, proof to the contrary shall
not be admissible when this Bill of Lading has been
negotiated or transferred for valuable consideration to
a third party acting in good faith.
5. ISSUANCE OF THIS BILL OF LADING
By issuance of the Bill of Lading and the Carrier
assumes liability as set out in these conditions and
(1) For Port to Port or Combined Transport, undertakes
to perform and/or in his own name to procure the
performance of the entire transport, form the place at
which the Goods are taken in charge to the place
designated for the delivery in this Bill of Lading.
(2) For the purposes and subject to the provisions of
the Bill of Lading, the Carrier shall be responsible for
the acts and omissions of any person of whose services
he makes use for the performance of the Contract
evidenced by this Bill of Lading.
(3) When issued on a Port to Port Basis, the
responsibility of the Carrier is limited to that part of
the Carriage from and during loading onto the vessel up
to and during discharge from the vessel and the Carrier
shall not be liable for any loss or damage whatsoever in
respect of the Goods or for any other matter arising
during any other part of the Carriage even though
charges for the whole Carriage have been charged by the
Carrier. The Merchant constitutes the Carrier as the
agent to enter into contracts on behalf of the Merchant
with others for transport, storage, handing or any other
services in respect of Goods prior to loading and
subsequent to discharge of the Goods from the vessel
without responsibility for any act or omission
whatsoever on the part of Carrier or others and the
Carrier may as such agent enter into contract with
others on any terms whatsoever including term less
favorable than the terms in the Bill of Lading
6. DANGEROUS GOODS INDEMNITY
(1) The Merchant shall comply with the rules which are
mandatory according to the National Law or by reason of
International Convention, relating to the carriage of
Goods of a dangerous nature, and shall in any case
inform the Carrier in writing of the exact nature of the
danger, before Goods of a dangerous nature are taken in
charge by the Carrier and indicate to him, if need be,
the precautions to be taken.
(2) If the Merchant fails to provide such information
and the Carrier is unaware of the dangerous nature of
the Goods and the necessary precautins to be taken and
if, at the time, they are deemed a hazard to life or
property, they may at any place unloaded, destroyed or
rendered harmless, as the circumstances may require,
without compensation, and the Merchant shall be liable
for all loss, damage, delay or expenses arising out of
their being taken in charge, on their carriage, or any
services incidental thereto.
(3) If any Goods shipped with the knowledge of the
Carriers as to their dangerous nature shall become a
danger to the vessel, vehicle or cargo, they may in like
manner be unloaded or landed at any place or destroyed
or rendered innocuous by the Carrier, without liability
on the part of the Carrier, except to General Average,
of any.
7. DESCRIPTION OF GOODS AND MERCHANT'S PACKING
(1) The Consignor shall be deemed to have guaranteed to
the Carrier the accuracy, at the time the Goods were
taken in charge by the Carrier, of the description of
the Goods, marks, numbers, quantity, weight and/or
volume as furnished by him, and the Consignor shall
defend, indemnify and hold harmless the Carrier against
all loss, damage and expenses arising or resulting from
inaccuracies in or inadequacy of such particulars. The
right of the Carrier to such obligation from the
Consignor shall in no way limit his responsibility and
liability under this Bill of Lading to any person other
than the Consignor.
(2) Without prejudice to Clause 8 (A)(2)(C), the
Merchant shall be liable for any loss, damage or in
injury caused by faulty or insufficient packing of Goods
or by faulty loading or packing within container s and
trailers and on flats when such loading or packing has
been performed by the Merchant or on behalf of the
Merchant by a person other than the Carrier, or by
defect or unsuitability of the containers, trailers or
flats, when supplied by the Merchant, and shall defend,
indemnify and hold harmless the Carrier against any
additional expenses so caused.
(3) It is agreed that superficial rust, oxidation or any
like condition due to moisture is not a condition of
damage but is inherent to the nature of the Goods and
acknowledgement of the receipt of the Goods in apparent
good order and condition is not a representation that
such conditions of rust, oxidation or the like did not
exist on receipt.
(4) (a) The Merchant undertakes not to tender for
transportation any Goods which require temperature
control without previously giving written notice of the
nature and particular temperature range to be maintained
and in the case of a temperature controlled Container
stuffed by or on behalf of the Merchant further
undertakes that the Goods have been properly stuffed in
the Container and that its thermostatic controls have
been properly set by the Merchant before receipt of the
Goods by the Carrier. If the said requirements are not
complied with the Carrier shall not be liable for any
loss of or damage to the Goods by such non-compliance.
(b) The Carrier shall not be liable for any
loss of or damage to the Goods arising from latent
defects, derangement, breakdown, stoppage of the
temperature controlling machinery, plant insulation or
any apparatus of the Containers, provided that the
Carrier shall before or at the beginning of the
transport exercise due diligence to maintain the
temperature controlled Container in an efficient state.
8. EXTENT OF LIABILITY
A (1) The Carrier shall be liable for loss or damage to
the Goods occurring between the time when he takes the
Goods into his charge and the time of delivery.
(2) The Carrier shall, however, be relieved of
liability for any loss or damage if such loss or damage
was caused by
(a) an act or omission of the Merchant, or person
other than the Carrier acting on behalf of the Merchant
or from whom the Carrier took the Goods in charge:
(b) insufficiency or defective condition of the
packaging or marks and/or numbers:
(c) handling, loading, storage or unloading of the
Goods by the Merchant or any person acting on behalf
of the Merchant:
(d) inherent vice of the Goods:
(e) strike, lockout, stoppage or restraint of
labour, the consequences of which the Carrier could not
avoid by the exercise of the reasonable diligence:
(f) a nuclear incident if the operator of a nuclear
installation or a person acting for him is liable for
this damage under an applicable International Convention
or National Law governing liability in respect of
nuclear energy:
(g) any cause or event which the Carrier could not
avoid and the consequences whereof he could not prevent
by the exercise of reasonable diligence
(3) The burden of proving that the loss or damage was
due to one or more of the above causes or events shall
rest upon the Carrier. When the Carrier establishes
that, in the circumstance of the case, the loss or
damage could be attributed to one or more of the cases
and events specified in (b) to (d) above, it shall be
presumed that it was so caused. The claimant shall,
however, be entitled to prove that the loss or
damage was not, in fact, caused wholly or partly by one
or more of these causes or events.
B When in accordance with Clause 8. A.1 the Carrier is
liable to pay compensation in respect of loss or damage
and the stage of transport where loss or damage occurred
is known, the liability of the Carrier in respect of
such loss or damage shall be:
(1) determined by the provisions contained in any
International Convention or National Law, which
provisions
(a) cannot be departed from by private
contract, to the detriment of the claimant, and
(b) would have applied if the claimant had
made a separate and direct contract with the
Carrier in respect of the particular
stage of transport where the loss or damage
occurred and received as evidence
thereof any particular document which must be
issued in order to make such
International Convention or National Law applicable.
(2) with respect to the transportation in the
United States of America or in Canada to the port
of Loading or from the Port of Discharge, the
responsibility of the Carrier shall be to procure
transportation by carriers (one or more) and such
transportation shall be subject to the inland carriers'
contracts of carriage and tariffs and any law
compulsorily applicable, The Carrier guarantees the
fulfillment of such inland carriers' obligation under
the contracts and tariffs.
9. CONTAINERS
(1) Goods may be stuffed by the Carrier in or on
Containers and Goods may be stuffed with other Goods.
(2) The terms of this Bill of Lading shall govern the
responsibility of the Carrier in connection with or
arising out of the supply of a Container to the
Merchant, whether supplied before or after the Goods are
received by the Carrier or delivered to the Merchant.
(3) If the Container has been stuffed by or on behalf of
the Merchant.
(A) the Carrier shall not be liable for loss or damage
to the Goods;
(i) caused by the manner in which the Container has been
stuffed
(ii) caused by the unsuitability of the Goods for
Carriage in Containers;
(iii) caused by the unsuitability or defective condition
of the Container provided that where the Container has
been supplied by or on behalf of the Carrier, this
paragraph (iii) shall only apply if the unsuitability or
defective condition arose (a) without any want of due
diligence on the part of the Carrier or (b) would have
been apparent on reasonable inspection by the Merchant
at or prior to the time when the Container was stuffed;
(iv) if the Container is not sealed at the commencement
of the Carriage except where the Carrier has agreed to
seal the container.
(B) the Merchant shall defend, indemnify and hold
harmless the Carrier against any loss damage, claim,
liability or expense whatsoever arising from one or more
of the matters covered by (A) above expect for (A) (iii)
(a)
(4) Where the Carrier is instructed to provide a
Container, in the absence of a written request to the
contrary, the Carrier is not under an obligation to
provide a Container or any particular type or quality.
10. PARAMOUNT CLAUSE
(1) This Bill of Lading insofar as it relates to sea
carriage by any vessel whether named herein or not shall
have effect subject to the Hague Rules or any
legislation making such rules or the Hague-Visby Rules
compulsorily applicable (such as COGAS 1936 or COGWA
1936 or COGAS 1971) to this Bill of Lading and the
provision of the Hague Rules or applicable legislation
shall be deemed incorporated herein. The Hague Rules (or
COGAS 1936 when this Bill of Lading is subject to U.S
Law) shall apply to the carriage of Goods by inland
waterways and reference to carriage by sea in such Rules
or legislation shall be deemed to include reference
inland waterways. The Hague Rules or applicable
legislation shall apply to all Goods whether carried on
deck or under deck. If and extent that provisos of the
Harter Act of the United Sates of America 1893 would
otherwise be compulsorily applicable to regulate the
Carrier's responsibility for the Goods during any period
prior to loading on or after discharge from the vessel,
the Carrier's responsibility shall instead be governed
by the provisions of Clause 8, but if such provisions
are found to be invalid such responsibility shall be
subject to COGAS 1936
(2) The Carrier shall be entitled (and nothing in this
Bill of Lading shall operate to limit or deprive such
entitlement) to the full benefit of, and rights to, all
limitations of or exemptions from liability and all
rights conferred or authorized by any applicable law
statute or regulation of any country including, but not
limited to , where applicable any provisions of sections
4281 to 4287, inclusive, of the Revised Statutes of the
United States of America and amendments thereto and
where applicable any provision of the laws of the
United States of America.
11. LIMINATION AMOUT
(1) When the Carrier is liable for compensation in
respect of loss or damage to the Goods, such
compensation shall be calculated by reference to the
value of such Goods at the place and time they are
delivered to the Consignee in accordance with the
contract or should have been so delivered.
(2) The value of the Goods shall be fixed according to
the current commodity exchange price, or , if there be
no such price, according to the current market price,
or, if there be no commodity exchange price or current
market price, by reference to normal value of Goods of
the same kind and quality.
(3) Except where otherwise provided in this Bill of
Lading, compensation shall not exceed US $500 per
package or unit of Goods lost or damaged. However, the
Carrier shall not, in any case, be liable for an amount
greater than the actual loss to the person entitled to
the claim.
(4) Where the Hague Rules, Hague-Visby Rules or COGSA
1936 or COGWA 1936 or COGSA 1971 apply, the Carrier
shall not, unless a declared value has been noted in
accordance with paragraph 5 of this clause, be or become
liable for any loss or damage to or in connection with
the Goods in an amount per package or shipping unit in
excess of the package or shipping unit limitation as
laid down by the applicable Rules or Act or any
legislation making these Rules compulsorily applicable
to this Bill of Lading. Such limitation amount,
according to COGSA 1936 is US$500 and according to COGWA
1936 is CAN$ 500 and according to COGSA 1971 is a sum of
2 SDR's per kilo of the gross weight or 666.67 SDR's per
package or unit, of the Goods lost or damaged, whichever
shall be the greater. If no other limitation amount is
applicable under the relevant compulsory legislation,
the limitation shall be according to COGSA 1936.
(5) The Carrier's liability, if any, may be increased to
higher value by the Shipper making a declaration, in
writing, of the Goods valuation on delivery to the
Carrier of the Goods for shipment, such valuation to be
inserted on the front of the Bill of Lading, in the
space provided, and extra freight paid if required by
the Carrier. In such case, if the actual value of the
Goods shall exceed such declared value, the value shall
nevertheless be deemed to be the 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.
(6) Where a Container is used to consolidate Goods and
such Container is stuffed by the Carrier, the number of
packages or shipping units stated on the face of this
Bill of Lading in the box provided shall be deemed the
number of packages or shipping units for the purpose of
any limit of liability per package or shipping unit
provided in any International Convention or National Law
relating to the Carriage of Goods by Sea or Water.
Except as aforesaid the Container shall be considered
the package, or shipping unit. The words' shipping until
shall mean each physical unit or piece of cargo not
shipped in a package, including articles or thing of any
description whatsoever, except Goods shipped in bulk,
and irrespective of the weight or measurement unit
employed in calculating freight charges. As to Goods
shipped in bulk, the limitation applicable thereto shall
be the limitation provided in such convention or law
which may be applicable and in no event shall anything
herein be construed to be a waiver of limitation as to
Goods shipped in bulk.
12. DELAY, CONSEQUENTIAL LOSS, ETC.
(1) Arrival times are not guaranteed by the Carrier, If
the Carrier is held liable in respect of delay,
consequential loss or damage other than loss of or
damage to the Goods, the liability of the Carrier shall
be limited to double the freight for the transport
covered by the Bill of Lading, or the value of the Goods
as determined in Clause 11 whichever is the less.
(2) If at any time the carriage is or is likely to be
affected by any hindrance. Risk, delay, difficulty or
disadvantage of any kind (including the condition of the
Goods). Whensoever and wheresoever arising (whether or
not the carriage has commenced) the Carrier may:
(a) without the notice to the Merchant abandon
the carriage of the Goods and where
reasonably possible place the Goods or any
part of them at the Merchant's disposal at any
place which the Carrier may deem safe and
convenient, whereupon the responsibility of
the Carrier in respect of such Goods shall
cease.
(b) without prejudice to the Carrier's rights
subsequently to abandon the Carriage under
(a) above, continue the carriage.
In any event the Carrier shall be entitled to full
charges on Goods received for carriage and the Merchant
shall pay any additional costs resulting from the above
mentioned circumstances.
(3) The liability of the Carrier in respect of the Goods
shall cease on the delivery or other disposition of the
Goods in accordance with the orders or recommendations
given by any Government or Authority or any person
acting or purporting to act as or on behalf of such
Government or Authority.
13. DEFENCES
The defenses and limits of liability provided for in
these Conditions shall apply in any actions against the
Carrier for loss of or damage or delay to the Goods
whether the action be founded in contract or in tort.
14. LIABILITY OF OTHER PERSONS
(1) Any person or vessel whatsoever, including but not
limiting to, the Carrier's servants or agents, any
independent contractor or his servants or agents, and
all others by whom the whole or any part of the contract
evidenced by this Bill of Lading, whether directly or
indirectly, is procured, performed or undertaken, shall
have the benefit of all provisions in this Bill of
Lading benefiting the Carrier as if such provisions were
expressly for his benefit and in entering into this
contract the Carrier to the extent of these provisions,
does so not only on his own behalf but also as agent or
trustee for such persons and vessels and such persons
and vessels shall to this extent be or be deemed to be
parties to this contract.
(2) The aggregate of the amounts recoverable from the
Carrier and the persons referred to in paragraph (2) of
Clause 5 shall in no case exceed the limits provided for
in these conditions.
15. METHOD AND ROUTE OF TRANSPORTATION
(1) The Carrier may at any time, with or without notice
to the Merchant, use any means of transport or storage
whatsoever, load or carry the Goods on any vessel
whether named on the front hereof or not; stow the
Goods, whether containerised or not, on or under deck;
transfer the Goods from one conveyance to another
including transshipping or carrying the same on a vessel
other than that named on the front hereof or by any
other means of transport whatsoever; at any place unpack
or remove Goods which have been stuffed in or on a
Container and forward the same in any manner whatsoever;
proceed at any speed and by any route in his discretion
(whether or not the nearest or most direct or customary
or advertised route) and proceed to or stay at any place
whatsoever once or more often and in any order; load or
unload the Goods from any conveyance at any place;
comply with any orders or recommendations given by any
Government or Authority or any person or body acing or
purporting to act as or on behalf of such Government or
Authority or having under the terms of the insurance on
the conveyance employed by the Carrier the right to give
orders or directions; permit the vessel to proceed with
or without pilots, to tow or be towed or be dry-docked;
permit the vessel to carry livestock, Goods of all
kinds, dangerous or otherwise, contraband, explosives,
munitions or warlike stores and sail armed or unarmed.
(2) The aggregate of the amounts recoverable from the
Carrier and the persons referred to in paragraph (2) of
Clause 5 shall in no case exceed the limits provided for
in these conditions.
16. DELIVERY
If delivery of the Goods or any part thereof is not
taken by the Merchant, at the time and place when and
where the Carrier is entitled to call upon the Merchant
to take delivery thereon, the Carrier shall be entitled
to store the Goods or any part thereof at the sole risk
of the Merchant, where upon the liability of the Carrier
in respect of the Goods or that part thereof stored as
aforesaid (as the case may be )shall wholly case and the
cost of such storage (if paid by or payable by the
Carrier or any agent of sub-contractor of the Carrier)
shall forthwith upon demand be paid by the Merchant to
the Carrier.
17. BOTH-TO-BLAME COLLISON
If the vessel on which the Goods are carried (the
carrying vessel) comes into collision with any other
vessel or object (the non0carrying vessel or object ) as
a result of the negligence of the non-carrying vessel or
object or the owner of, charterer of or person
responsible for the non-carrying vessel or object, or
any act, neglect, or default in the navigation or the
management of the carrying vessel, the Merchant
undertakes to defend, indemnify and hold harmless the
Carrier against all claims by or liability or (and any
expense arising therefrom) any vessel or person in
respect of any loss of, or damage to, or any claim
whatsoever of the Merchant paid or payable to the
Merchant by the non-carrying vessel or object and set
off, recouped or recovered by such vessel, object or
person (s) against the Carrier, the carrying vessel or
her owners or charterers.
18. FREIGHT AND CHARGES
(1) Freight shall be paid in cash without discount and,
whether prepayable or payable at destination, shall be
considered as earned on receipt of the Goods and not to
be returned or relinquished in any event.
(2) Freight and all other amounts mentioned in this Bill
of Lading are to be paid in the currency named in the
Bill of Lading or, at the carrier's option in the
currency of the country of dispatch or destination at
the highest rate of exchange for Bankers Sight Bills
current for prepayable Freight on the day of dispatch
and for Freight payable at destination on the day when
the Merchant is notified of arrival of the Goods there
or on the day of withdrawal of the delivery order,
whichever rate is the higher, or at the option of the
Carrier on the date of Bill of Lading
(3) All dues, taxes and charges or other expenses in
connection with the Goods shall be paid by the Merchant.
(4) The Merchant shall reimburse the Carrier in
proportion to the amount of Freight for any costs for
deviation or delay or any other increase of costs of
whatever nature caused by war, warlike operations,
epidemics, strikes, governments or force majeure.
(5) The Merchant warrants the correctness of the
declaration of contents, insurance, weight, measurement
or value of the Goods but the Carrier reserves the right
to have the contents inspected and the weight,
measurement and value verified. If no such inspection it
is found the declaration is not correct it is agreed
that a sum equal either to five times the difference
between the correct figure and the Freight charged, or
to double the correct Freight less the Freight charged
whichever sum is the smaller, shall bee payable as
liquidated damage to the Carrier for his inspection
costs and losses of Freight on other Goods
notwithstanding any other sum having been stated on the
Bill of l=Lading as Freight payable.
19. LIEN
The carrier shall have a lien on Goods and any documents
relating thereto for all sums whatsoever due at any time
to the Carrier from the Merchant and for General Average
contributions to whomsoever due and for the costs of
recovering the same and the Carrier shall have the right
to sell the Goods and documents by public auction or
private treaty, without notice to the Merchant and at
the Merchant's expense and without any liability towards
the Merchant.
20. GENERAL AVERAGE
(1) The Carrier may declare General Average which shall
be adjustable according to the York/Antwerp Rules of
1974 at any place at the option of the Carrier and the
amended Jason Clause as approved by BIMCO is to be
considered as incorporated herein and the Merchant shall
provide such security as may be required by the Carrier
in this connection
(2) Notwithstanding (1) above, the Merchant shall
defend, indemnify and hold harmless the Carrier in
respect of any claim(and any expense arising therefrom)
of a General Average nature which may be made on the
Carrier and shall provide such security as may be
required by the Carrier in this connection.
(3) The Carrier shall be under no obligation to take any
steps whatsoever to collect security for General Average
contributions due to the Merchant.
21. NOTICE
Unless notice of loss or damage to the Goods and general
nature of it be given in writing to the Carrier or the
persons referred to in paragraph 2 of Clause 5 at the
place of delivery before or at the time of the removal
of the Goods into the custody of the person entitled to
delivery thereto under this Bill of Lading, or if the
loss or damage be not apparent, within seven consecutive
days thereafter, such removal shall be prima facie
evidence of the delivery by the Carrier of the Goods as
described in this Bill of Lading.
22. NON DELIVERY
If this Bill of Lading is issued evidencing the Carriers
Contract of Carriage by combined Transport, failure to
effect delivery within 90 days after the time it would
be reasonable to allow for diligent completion of the
combined transport operation shall, in the absence of
the evidence to the contrary, give to the party entitled
to receive delivery, the right to treat the Goods as
lost.
23. TIME BAR
The Carrier shall be discharged of all liability under
the Terms and Conditions of this Bill of Lading, unless
suit is brought within nine months after
(1) the delivery of the Goods, or
(2) the date when the Goods should have been delivered,
or
(3) the date when in accordance with Clause 22, failure
to deliver the Goods would, in the absence of evidence
to the contrary, give to the party entitled to receive
delivery, the right to treat the Goods as lost.
In the event that such time period shall be found
contrary to any Convention or law compulsorily
applicable, the period convered by such Convention or
law shall then apply but in that circumstance only.
24. VARIATION OF THE CONTRACT
No servant or agent of the Carrier shall have power to
waive or vary any of the terms hereof unless such waiver
or variation is in writing and is specifically
authorized or ratified in writing by director or office
of the Carrier who has the actual authority of the
Carrier so to waive or vary.
25. PARTIAL INVALIDTY
If any provision in this Bill of Lading is held to be
invalid or unenforceable by any court or regulatory or
self regulatory agency or body, such invalidity or
unenforceability shall attach only to such provision.
The validity of the remaining provisions shall not be
affected thereby and this Bill of Lading contract shall
be carried out as if such invalid or unenforceable
provision were not contained therein.