Effective	24JUL2024
Filed	24JUL2024
Filing Codes	I

1. DEFINITIONS  In this Bill of Lading, the words:-
(a) "Carrier"
means the party named on the face of this Bill of Lading
or the principal agent
who signed this Bill of Lading on behalf of the Carrier.
(b) "Merchant"
includes any Person who at any time has been or is the
Shipper, Holder,
Consignee, and Receiver of the Goods or of this Bill of
Lading and or any Person
acting on behalf of any such Person.
(c) "Holder"
means any Person for the time being in possession of (or
entitled to possession
of) this Bill of Lading.
(d) "Person" includes an individual, group, company or
other entity.
(e) "Sub-Contractor" includes (but is not limited to)
owners and operators of the vessels (other than the
Carrier), stevedores, terminal and groupage operators,
road and rail transport
operators and any independent contractor employed by the
Carrier in the
performance, whether fully or partially of the Contract
of Carriage.
(f) "Indemnify"
includes defend, indemnify and hold harmless whether or
not the obligation to
indemnify arises out of a negligent or non-negligent
acts or omission of the
Carrier, his servants, agents, or Sub-Contracts.
(g) "Goods"
means the whole or any part of the cargo received from
the Shipper and includes
the packing and any equipment or Container not supplied
by or on behalf of the
Carrier.
(h) "Container"
includes any Container, trailer, transportable tank,
flat or pallet, or any similar
articles used to consolidate goods and any ancillary
equipment.
(i) "Carriage" means the whole or any part of the
operations and services undertaken by the
Carrier in respect of the Goods covered by this Bill of
Lading.
(j) "Port of Loading" means any port at which the Goods
are loaded onto any vessel (which may be a
feeder vessel or an ocean vessel and is not necessarily
the vessel named overleaf)
for Carriage under this Bill of Lading.
(k) "Port of Discharge" means any port at which the
Goods are discharged from any vessel (which may
be a feeder vessel or an ocean vessel and is not
necessarily the vessel named
overleaf) for Carriage under this Bill of Lading.
(l) "Vessel"
means any waterborne craft used in the Carriage under
this Bill of Lading which
may be a feeder vessel or an ocean going vessel.
(m) "Combined Transport" arises if the Place of Receipt
and or the Place of Delivery are indicated on the face
hereof in relevant spaces.
(n) "Port to Port"
arises if the Carriage is not Combined Transport.
(o) "Shipped on Board" relates only to the Container
into which the Goods are manifested.
(p) "Freight"
includes all charges payable to the Carrier in
accordance with the applicable Tariff
and this Bill of Lading.
(q) "Hague Rules"
means the provisions of the International Conventions
for the Unification of Certain
Rules relating to Bills of Lading signed at Brussels on
25th August, 1924 and the
amendments by the Protocol signed at Brussels on 23
February, 1968 known as
the "Hague-Visby Rules".
2 CARRIER'S TARIFF
The terms and conditions of the Carrier's applicable
Tariff are incorporated herein. Particular attention
is drawn to the terms and conditions therein relating to
container and vehicle demurrage. Copies of
the relevant provisions of the applicable Tariff are
obtainable from the Carrier or his agents upon
request. 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 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.
4 SUB-CONTRACTING AND INDEMNITY
(a) The Carrier shall be entitled to sub-contract the
Carriage on any terms whatsoever.
(b) The Merchant undertakes that no claims or allegation
shall be made against any Person by whom the
Carriage is performed or undertaken (including all
Sub-Contractors of the Carrier) other than the
Carrier, which imposes or attempts to impose upon any
such Person, any liability whatsoever in
connection with the Goods or the Carriage of the Goods,
whether or not arising out of negligence of
the part of such Person. If any such claim or allegation
should nevertheless be made, the Merchant
will indemnify the Carrier against all consequences
thereof. Without prejudice to the foregoing, every
such Person or vessel shall have the benefit of every
right, defence, limitation and liberty of
whatsoever nature herein contained or otherwise
available to the Carrier (including but not limited to
Clause 24 hereof) as if such provision were expressly
for his benefit. 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 and
trustee of such Persons or vessel.
(c) The provisions of Clause 4(b) including but not
limited to the undertakings of the Merchant contained
therein, shall extend to claims or allegations of
whatsoever nature against other Persons chartering
space on the carrying vessel.
(d) The Merchant further undertakes that no claim or
allegation in respect of the Goods shall be made
against the Carrier by any Person other than in
accordance with the terms and conditions of this Bill
of Lading which imposes or attempts to impose upon the
Carrier any liability whatsoever in connection
with the Goods of the Carriage of the Goods, whether or
not arising out of negligence on the part of
the Carrier and if such claim or allegation should
nevertheless be made, to indemnify the Carrier
against all consequences thereof.
5 CARRIER'S RESPONSIBILITY
Port to Port Shipment
(i) If Carriage is Port-to-Port, the liability of the
Carrier for loss of or damage to the Goods occurring
from
and during loading onto any seagoing vessel up to and
during discharge from that vessel or from another
seagoing vessel into which the Goods have been
transhipped, shall be determined in accordance with any
national law making the Hague Rules compulsorily
applicable to this Bill of Lading, or in any other case
in
accordance with the Hague Rules Articles 1 - 8 inclusive
only.
(ii) The Carrier shall be under no liability whatsoever
for loss of or damage to the Goods, howsoever
occurring, if such loss or damage arises prior to
loading onto or subsequent to discharge from the vessel.
Notwithstanding the above, in case and to the extent
that any applicable law provides for additional period
of responsibility, the Carrier shall have the benefit of
every right, defence, limitation and liberty in the
Hague
Rules as applied by this clause during that period,
notwithstanding that the loss or damage did not occur
at sea. In the event of the Goods being discharged at
port other than the Port of Discharge nominated in
this Bill of Lading and forwarded to the nominated Port
of Discharge by whatever means, the Hague Rules
referred to in paragraph (i) of this clause shall
continue to apply until delivery at the nominated Port
of
Discharge, notwithstanding that Carriage may not be at
sea.
6 CARRIER'S RESPONSIBILITY
Combined Transport
If Carriage is Combined Transport, the Carrier
undertakes to perform and/or in his own name to procure
performance of the Carriage from the Place of Receipt or
the Port of Loading whichever is applicable to
the Port of Discharge or the Place of Delivery,
whichever is applicable. Save as it is otherwise
provided for
in this Bill of Lading, the Carrier shall be liable for
loss or damage occurring during the Carriage only to
the extent set out below.
(1) If the stage of the Carriage during which loss or
damage occurred is not known
(a) Exclusions
If the stage of the Carriage during which the loss or
damage occurred is not known, the Carrier
shall be relieved of liability for such loss or damage
was caused by:
(i) an act of omission on the part of the Master or his
agents or servants;
(ii) insufficiency of or defective condition of packing
or marking;
(iii) handling, loading, stowage or unloading of the
Goods by or on behalf of the Merchants;
(iv) inherent vice of the Goods;
(v) strike, lock-outs, stoppage or restraint of labour,
from whatever cause, whether partial or
general,
(vi) a nuclear incident;
(vii) any cause or event which the Carrier could not
avoid and the consequences whereof he
could not prevent by the exercise of reasonable
diligence;
(viii) any act or omission of the Carrier the
consequences of which he could not reasonably have
foreseen;
(ix) compliance with instructions of any Person entitled
to give them.
(b) Burden of Proof
The Burden of proof that the loss or damage was due to
one or more of the causes or events
specified in this Clause 6(1) shall rest upon the
Carrier. Save that if the Carrier established that,
in the circumstances of the case, the loss or damage
could be attributed to one or more of the
causes or events specified in Clause 6(1)(a)(ii) or
(iv), it shall be presumed that it was so caused.
The Merchant shall, however, be entitled to prove that
the loss or damage was not, if fact, caused
either wholly or partly by one or more of these causes
or events.
(c) Limitation of Liability
Except as provided in Clauses 7(2), 7(3) and 27, if
Clause 6(1) operates total compensation shall
be in no circumstances whatsoever and howsoever arising
exceed US$2.00 per kilogram of the
gross weight of the Goods lost or damaged.
(2)
If the state of the Carriage during which the loss or
damage occurred is known.
Notwithstanding anything provided for in Clause 6(1) and
subject to Clauses 15 and 16, if it is
known during which stage of the Carriage the loss or
damage occurred, the liability of the Carrier
in respect of such loss or damage shall be determined:
(a) by the provisions contained in any international
convention or national law which provisions:-
(i) cannot be departed from by private contract to the
detriment of the Merchant, and
(ii) would have applied if the Merchant had made a
separate and direct contract with the Carrier
in respect of the particular stage of Carriage during
which 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, or
(b) if no international convention or national law would
apply by virtue of Clause 6(2)(a), by the Hague
Rules, Articles 1 - 8 inclusive only if the loss or
damage is known to have occurred during
waterborne Carriage, or
(c) by provisions of Clause 6(1) if the provisions of
Clause 6(2)(a) and (b) does not apply.
For the purposes of Clause 6(2), references in the Hague
Rules to carriage by sea shall be deemed
to include references to all waterborne Carriage and the
Hague Rules shall be construed accordingly.
(3) If the Place of Receipt or Place of Delivery is not
named on the face hereof Subject to Clause 5,
(a) if the Place of Receipt is not named on the face
hereof, the Carrier shall be under no liability
whatsoever for loss of or damage to the Goods, howsoever
occurring, if such loss or damage
arises prior to loading onto the vessel.
(b) if the Place of Delivery is not named on the face
hereof, the damage to the Goods, the Carrier
shall be under no liability whatsoever for loss of or
damage to the Goods, howsoever occurring,
if such loss or damage arises subsequent to discharge
from the vessel.
(4) Notice of Loss or Damage
Unless Clause 25 applies, the Carrier shall be deemed
prima facie to have delivered the Goods as
described in this Bill of Lading unless notice of or
loss of or damage to the Goods, indicating the
general nature of such loss or damage, shall have been
given in writing to the Carrier or his
representatives at the Place of Delivery (or Port of
Discharge if no Place of Delivery is named on the
face hereof) before or at the time of removal of the
Goods into the custody of the person entitled to
delivery thereof under this Bill of Lading, or if the
loss or damage is not apparent, within three working
days thereafter.
(5) Time-bar
Unless Clause 25 applies, the Carrier shall be
discharged of all liability whatsoever in respect of the
Goods, unless suit is brought and notice thereof given
to the Carrier within nine calendar months after
delivery of the Goods or, if the Goods are not
delivered, ten calendar months after the date of issue
of this Bill of Lading.
7 SUNDRY LIABILITY PROVISIONS
(1) Basis of Compensation
Unless Clause 25 applies, compensation shall be
calculated by reference to the value of the Goods at
the place and time they are delivered to the Merchant,
or at the place and time they should have been
delivered. For the purpose of determining the extent of
the Carrier's liability for loss of or damage to
the Goods, the sound value of the Goods agreed to be the
FOB/FCA invoice value plus freight and
insurance if paid.
(2) Hague Rules Limitation
If the Hague Rules are applicable by national law, the
liability of the Carrier shall in no event exceed
the limit provided in the applicable national law. If
the Hague Rules are applicable otherwise that by
national law, in determining the liability of the
Carrier, the liability shall in no event exceed
US$500.00 per package or unit.
(3) Ad Valorem
The Merchant agrees and acknowledges that the Carrier
has no knowledge of the value of the Goods
and that higher compensation than that provided for in
this Bill of Lading may not be claimed unless
with the consent of the Carrier, the value of the Goods
declared by the Shipper prior to the
commencement of the Carriage is stated in this Bill of
Lading and extra freight paid, if required. In that
case, the amount of the declared value shall be
substituted for the limits laid down in this Bill of
Lading. Any partial loss or damage shall be adjusted pro
rata on the basis of such declared value.
(4) Delay
The Carrier does not undertake that the Goods shall
arrive at the Port of Discharge or Place of Delivery
at any particular time or to meet any particular market
or use, and the Carrier shall in no
circumstances whatsoever and howsoever arising be liable
for delay, indirect or consequential loss or
damage caused by delay.
(5) Scope of Application
(a) The terms and conditions of this Bill of Lading
shall at all times govern all responsibilities of the
Carrier in connection with or rising out of the supply
of a Container to the Merchant, not only
during the Carriage but also during the periods prior to
and or subsequent to the Carriage.
(b) The rights, defences, limitation and liberties of
whatsoever nature provided for in this Bill of
Lading shall apply in any action against the Carrier for
loss or damage or delay howsoever
occurring and whether the action be founded in contract
or in tort and even if the loss, damage
or delay arose as a result of unseaworthiness,
negligence or fundamental breach of contract.
(c) Save as is otherwise provided for in this Bill of
Lading, the Carrier shall in no circumstances
whatsoever and howsoever arising be liable for direct or
indirect consequential loss or damage
or loss of profits.
(6) Inspection by Authorities
If by order of the authorities at any place, a Container
has to be opened for the Goods to be inspected,
the Carrier will not be liable for any loss or damage
incurred as a result of any opening, unpacking
inspection or repacking. The Carrier shall be entitled
to recover the cost of such opening, unpacking,
inspection and repacking from the Merchant.
8. SHIPPER-PACKED CONTAINERS
If a Container has not been packed by or on behalf of
the Carrier:
(1) The Carrier shall not be liable for loss of or
damage to the Goods caused by matters beyond his
control, including, inter-alia, without generality of
this exclusion:
(a) the manner in which the Container has been packed,
or
(b) the unsuitability of the Goods for carriage in the
Container supplied, or
(c) the unsuitability or defective condition of the
Container or the incorrect setting of any temperature
controls thereof, provided that, if the Container has
been supplied by or on behalf of the Carrier,
this unsuitability, defective condition or incorrect
setting could have been apparent upon
inspection by the Merchant at or prior to the time when
the Container was packed, or
(d) packing temperature controlled Goods that are not at
the correct temperature for Carriage.
(2) The Shipper is responsible for the packing and
sealing of all Shipper-Packed Containers and, if a
Shipper-Packed Container is delivered by the Carrier
with its original seal as affixed by the Shipper
intact, the Carrier shall not be liable for any
shortages of Goods ascertained at delivery. If
nevertheless,
a claim for shortage is made against the Carrier by any
Person whomsoever, the Merchant agrees to
indemnify the Carrier against the cost of any such claim
plus any costs incurred in respect thereof.
(3) The Merchant shall indemnify the Carrier against any
loss, damage, liability or expense whatsoever
and howsoever arising caused by one or more of the
matters referred to in Clause 8(1), save that, if
the loss, damage, liability or expense was caused by a
matter referred to in Clause 8(1)(c), the
Merchant shall not be liable to indemnify the Carrier in
respect thereof unless the provision referred
to in that Clause applies.
9. INSPECTION OF GOODS
The Carrier or any Person to whom the Carrier has
sub-contracted the Carriage or any Person authorized
by the Carrier shall be entitled, but under no
obligation, to open any Container or package at any time
and
to inspect, weigh and or measure the Goods.
10. CARRIAGE AFFECTED BY CONDITION OF GOODS
If it appears at any time that, due to their condition,
the Goods cannot safely or properly be carried or
carried further, whether at all or without incurring any
additional expense or taking any measure(s) in
relation to the Container or the Goods, the Carrier may,
without notice to the Merchant (but as his agent
only), take any measure(s) and or incur any additional
expense to carry or to continue the Carriage thereof,
and or sell or dispose of the Goods, and or abandon the
Carriage and or store them ashore or afloat, under
cover or in the open, at any place, whichever the
Carrier, in his absolute discretion, considers most
appropriate which abandonment, storage, sale or disposal
shall be deemed to constitute due delivery
under this Bill of Lading. The Merchant shall indemnify
the Carrier against any additional expense so
incurred.
11. DESCRIPTION OF GOODS
(I) This Bill of Lading shall be prima facie evidence of
the receipt by the Carrier from the Shipper in
apparent good order and condition, except as otherwise
noted, of the total number of containers or
other packages or units indicated in the box on the face
hereof entitled "*Total No. of
Container/Packages received by the Carrier".
(2) Except as provided in Clause 11(1), 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.
(3) If any particulars of any Letter of Credit and or
Import Licence and or Sales Contract and or Invoice or
Order number and or details of any contract to which the
Carrier is not a party are shown on the face
of this Bill of Lading, such particulars are included
solely at the request of the Merchant and for his
convenience. The Merchant agrees that the inclusion of
such particulars shall not be regarded as a
declaration of value and in no way increases the
Carrier's liability under this Bill of Lading. The
Merchant further agrees to indemnify the Carrier against
all consequences of including such
particulars in this Bill of Lading. The Merchant
acknowledges that, except when the provisions of
Clause 7(3) apply, the value of the Goods is unknown to
the Carrier.
12. SHIPPER'S/MERCHANT'S RESPONSIBILITY
(I) All of the Persons coming with the definition of
Merchant in Clause 1 shall be jointly and severally
liable to the Carrier for the due fulfilment of all
obligations undertaken by the Merchant in this Bill of
Lading and remain so liable throughout Carriage,
notwithstanding their having transferred this Bill of
Lading and or title to the Goods to another party.
(2) 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
adequate and correct. The Shipper also
warrants that the Goods are lawful goods and contain no
contraband. If the Container is not supplied
by or on behalf of the Carrier, the Shipper further
warrants that the Container meets all ISO and or
other international safety standards and is fit in all
respect for Carriage by the Carrier.
(3) The Merchant shall indemnify the Carrier against all
claims, losses, damages, fines and expenses
arising or resulting from any breach of any of the
warranties in Clause 12(2) hereof or from any other
cause in connection with the Goods for which the Carrier
is not responsible.
(4) The Merchant shall comply with all regulations or
requirements of Customs, port and other authorities
and shall bear and pay all duties, taxes, fines,
imposts, expenses or losses (including without prejudice
to the generality of the foregoing, freight for any
additional Carriage undertaken) incurred or suffered
in respect of the Goods and shall indemnify the Carrier
in respect thereof.
(5) If Containers supplied by or on behalf of the
Carrier are unpacked at the Merchant's premises, the
Merchant is responsible for returning the empty
Containers free from labels etc., with interiors
brushed clean, odour free and in every respect fit for
immediate reuse, to the point or place
designated by the Carrier, his servant or agents, within
the time prescribed. Should a Container not
be returned as required above within the time
prescribed, the Carrier is entitled to take such steps
as
he considers appropriate for the account of the Merchant
and the Merchant shall be liable for any
detention, loss or expense incurred as a result thereof.
(6) Containers released into the care of the Merchant
for packing, unpacking of any other purpose
whatsoever are at the sole risk of the Merchant until
redelivered to the Carrier. The Merchant shall
indemnify the Carrier for all loss and or damage to such
Containers occurring during such period. The
Merchant shall also indemnify the Carrier for any loss,
damage, injury, fines or expenses caused or
incurred by such Containers whilst in his control.
13. FREIGHT
(I) Freight shall be deemed fully earned on receipt of
the Goods by the Carrier and shall be paid and
nonreturnable
in any event.
(2) The Merchant's attention is drawn to the
stipulations concerning currency in which the Freight is
to
be paid, rate of exchange, devaluation and other
contingencies relative to Freight in the applicable
tariff.
(3) Freight has been calculated on the basis of
particulars furnished by or on behalf of the Shipper. If
any
particulars furnished by or on behalf of the Shipper are
incorrect, it is agreed that a sum equal to
double the correct Freight less the Freight charged
shall be payable as liquidated damages to the
Carrier.
(4) All Freight shall be paid without any set-off,
counter-claim, deduction or stay of execution before
delivery of the Goods.
14. LIEN
The Carrier shall have a lien on the Goods and any
documents relating thereto for all sums payable to the
Carrier under this Contract. The Carrier shall also have
a lien against the Merchant on the Goods and any
documents relating thereto for all sums due from him to
the Carrier under any other contract. The Carrier
may exercise his lien at any time and at any place at
his sole discretion, whether the contractual Carriage
is completed or not. In any event, any lien shall extend
to cover the costs of recovering the sums due and
for that purpose the Carrier shall have the right to
sell the Goods by public auction or private treaty,
without
notice to the Merchant at any place at the sole
discretion of the Carrier.
15. OPTIONAL STOWAGE AND DECK CARGO
(I) The Goods may be packed by the Carrier in Containers
and consolidated with other goods in
Containers.
(2) Goods, whether or not packed in Containers, may be
carried on deck or under deck, shall participate
in general average and shall be deemed to be within the
definition of goods for the purposes of the
Hague Rules and shall be carried subject to those rules.
(3) Notwithstanding Clause 15(2), in the case of Goods
which are stated on the face hereof as being
carried on deck and are so carried, the Hague Rules
shall not apply and the Carrier shall be under no
liability whatsoever for loss, damage or delay,
howsoever arising, whether or not caused by negligence
on the part of the Carrier, his servants, Agents or
Sub-Contractors.
16. LIVE ANIMALS
The Hague Rules shall not apply to Carriage of live
animals, which are carried at the sole risk of the
Merchant. The Carrier shall be under no liability
whatsoever for any injury, illness, death, delay or
destruction to such live animals howsoever arising.
Should the Master in his sole discretion considers that
any live animal is likely to be injurious to any other
live animal or person or property on board, or to cause
the vessel to be delayed or impeded in the prosecution
of its voyage, such live animal may be destroyed
and thrown overboard without any liability attaching to
the Carrier. The Merchant shall indemnify the
Carrier against all or any extra costs incurred for any
reason whatsoever in connection with the Carriage
of any live animal.
17. METHODS AND ROUTES OF CARRIAGE
(I) The Carrier may at any time and without notice to
the Merchant:
(a) use any means of carriage whatsoever,
(b) transfer the Goods from one conveyance to another,
including but not limited to transhipping or
carrying them on another vessel than that named on the
face hereof,
(c) unpack and remove the Goods which have been packed
into a Container and forward them in a
Container or otherwise,
(d) proceed by any route in his direction (whether or
not the nearest or most direct or customary or
advertised route), at any speed, and proceed to or stay
at any place or port whatsoever, once or
more often and in any order,
(e) load or unload the Goods at any place or port
(whether or not such port is named overleaf as the
Port of Loading or Port of Discharge) and store the
Goods at any such place or port,
(f) comply with any 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, or having under the
terms of any insurance on any conveyance employed by the
Carrier the right to give orders or
directions.
(g) permit the vessel to proceed with or without pilots,
to tow or be towed or to be dry-docked.
(2) The liberties set out in Clause 17(1) may be invoked
by the Carrier for any purpose whatsoever,
whether or not connected with the Carriage of Goods,
including but not limited to loading or unloading
other goods, bunkering, undergoing repairs, adjustments,
picking up or landing any persons, including
but not limited to persons involved with the operations
or maintenance of the vessel and assisting
vessels in all situations. Anything done in accordance
with Clause 17(1) or any delay arising therefrom
shall be deemed to be within the contractual Carriage
and shall not be a deviation.
(3) By tendering Goods for Carriage without any written
request for Carriage in a specialized Container,
or for Carriage otherwise than in a Container, the
Merchant accepts that the Carriage may not properly
be undertaken in a general purpose container.
18. MATTERS AFFECTING PERFORMANCE
If at any time the Carriage, the vessel or other goods
on board the vessel are or likely to be affected
by any hindrance, risk, delay or disadvantage of any
kind (other than the inability of the Goods due to
their condition, safely or properly to be carried
further) and howsoever arising (even though the
circumstances giving rise to such hindrances, risk,
delay, difficulty or disadvantaged existed at the
time this contract was entered into or the Goods were
received for Carriage), the Carrier (whether or
not the Carriage is commenced) may, without the prior
notice to the Merchant and at the sole
discretion of the Carrier, either: -
(a) Carry the Goods to the contracted Port of Discharge
or Place of Delivery, whichever is applicable,
by an alternative route to that indicated in this Bill
of Lading or that which is usual for Goods to
be consigned to that Port of Discharge or Place of
Delivery. If the Carrier elects to invoke the terms
of this Clause 18(a) then, notwithstanding the
provisions of Clause 17 hereof, he shall be entitles
to charge such additional Freight as the Carrier may
determine; or
(b) Suspend the Carriage of the Goods and store them
ashore or afloat upon the terms of this Bill of
Lading and endeavour to forward them as soon as
possible, but the Carrier makes no
representations as to the maximum period of such
suspension of Carriage. IF the Carrier elects
to invoke the terms of this Clause 18(b) then
notwithstanding the provisions of Clause17 hereof,
he shall be entitled to charge such additional freight
as the Carrier may determine; or
(c) Abandon the Carriage of the goods and place 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
nethertheless be entitled to full freight on
the Goods received for Carriage and the Merchant shall
pay any additional costs of the Carriage
to, and delivery and storage at, such place or port. If
the Carrier elects to use an alternative route
under Clause 18(a) or to suspend the Carriage under
Clause 18(b) this shall not prejudice his right
subsequently to abandon the Carriage.
19. DANGEROUS GOODS
(1) No Goods which are or may become dangerous,
inflammable, damaging or injurious (including
radioactive
materials), or which are or may become liable to damage
any property whatsoever, shall be
tendered to the Carrier for Carriage without his express
consent in writing, and without the Container
as well as the Goods themselves being distinctly marked
on the outside so as to indicate the nature
and character of any such Goods and so as to comply with
any applicable laws, regulations or
requirements. If any such Goods are delivered to the
Carrier without such written consent and or
marking, or if in the opinion of the Carrier, the Goods
are or liable to become of a dangerous,
inflammable, damaging or injurious nature, they may at
any time be destroyed, disposed of,
abandoned, or rendered harmless without compensation to
the Merchant and without prejudice to the
Carrier's right to Freight.
(2) The Merchant undertakes that such Goods are packed
in a manner adequate to withstand the risks
of Carriage having regard to their nature and in
compliance with all laws or regulations, which may
be applicable during the Carriage. In particular but
without prejudice to the generality of this Clause
19(2), if the Goods are not packed into the Container by
or on behalf of the Carrier, the Merchant
undertakes that incompatible Goods are not packed in the
same Container.
(3) Whether or not the Merchant was aware of the nature
of the Goods, the Merchant shall indemnify the
Carrier against all claims, losses, damages or expenses
arising in consequence of the Carriage of
such Goods.
(4) Nothing contained in this Clause shall deprive the
Carrier of any of his rights provided for elsewhere.
20. NOTIFICATION AND DELIVERY
(1) Any mention herein of parties to be notified of the
arrival of Goods is solely for information of the
Carrier and failure to give such notification shall not
involve the Carrier in any liability or relieve the
Merchant of any obligation hereunder.
(2) The Merchant shall take delivery of the Goods within
the time provided in the Carrier's applicable Tariff
(see Clause 2). If the Merchant fails to do so, the
Carrier shall be entitled, without notice, to unpack
the Goods if packed in Containers and or to store the
Goods ashore, afloat, in the open or under cover,
at the sole risk of the Merchant. Such storage shall
constitute delivery hereunder and thereupon the
liability of the Carrier in respect of the Goods stored
as aforesaid shall wholly cease and the costs of
such storage (if paid or payable by the Carrier or any
agent or Sub-Contractor of the Carrier) shall
forthwith upon demand be paid by the Merchant to the
Carrier.
(3) If the Merchant fails to take delivery of the Goods
within thirty days of delivery becoming due under
Clause 20(2), or if in the opinion of the Carrier they
are likely to deteriorate, decay, become worthless
or incur charges whether for storage or otherwise in
excess of their value, the Carrier may, without
prejudice to any other rights which he may have against
the Merchant, without notice and without
any responsibility whatsoever attaching to him, sell,
destroy or dispose of the Goods and apply any
proceeds of sale in reduction of the sums due to the
Carrier from the Merchant.
(4) Refusal by the Merchant to take delivery of Goods in
accordance with the terms of this Clause and or
to mitigate any loss or damage thereto shall constitute
a waiver by the Merchant to the carrier of any
claim whatsoever relating to the Goods or the Carriage
thereof.
(5) In the event of the carrier agreeing to a request of
the Merchant to amend the Place of Delivery stated
herein without stipulating any particular terms and
conditions to apply during said amended Carriage,
to the extent provided by the applicable Tariff the
terms and conditions of this Bill of Lading shall
continue to apply, but only until the Goods are
delivered by the Carrier to the Merchant at the amended
Place of Delivery. Once the applicable Tariff ceases to
provide for the continued application of the
terms and conditions of the Bill of Lading, or if the
Carrier declines to extend the Bill of Lading terms
to the amended Place of Delivery but shall then be under
no liability whatsoever for loss, damage or
delay to the Goods, howsoever arising, for the period of
amended Carriage.
(6) If at the place where the Carrier is entitled to
call upon the Merchant to take delivery of the Goods
under Clause 20(2), the Carrier is obliged to hand over
the Goods into the custody of any Customs,
port or other authority, such hand-over shall constitute
due delivery to the Merchant under this Bill of
Lading.
21. FCL MULTIPLE BILLS OF LADING
(1) Goods will only be delivered in a Container to the
Merchant if all Bills of Lading in respect of the
contents of the Container have been surrendered
authorising delivery to a single Merchant a single
Place of Delivery. In the event that this requirement is
not fulfiled the Carrier may unpack the Container
and in respect of Goods, for which Bills of Lading have
been surrendered, deliver them to Merchant
on a LCL (less than container load) basis. Such delivery
shall constitute due delivery hereunder, but
will only be effected against payment by the Merchant of
LCL Service Charge and any charges
appropriate to LCL Goods (as laid down in the Tariff)
together with the actual costs incurred for any
additional services rendered.
(2) If this is an FCL (Full Container Load) multiple
Bill of Lading (as evidenced by the qualification of the
tally acknowledged overleaf to the effect that it is
"one of ... part cargoes in the Container"), then the
Goods detailed overleaf are said to comprise part of the
contents of the Container indicated. If the
Carrier is required to deliver the Goods to more than
one Merchant and if all or part of the total Goods
within the Container consists of bulk good or
unappropriated Goods, or is or becomes mixed or
unmarked or unidentifiable, the Holders of Bills of
Lading relating to the Goods within the Containers
shall take delivery thereof (including any damage
portion) and bear any shortage in such proportions
as the Carrier shall in his absolute discretion
determine and such delivery shall constitute due
delivery
hereunder.
22. GENERAL AVERAGE AND SALVAGE
(1) In the event of accident, danger, damage or disaster
before or after the commencement of the voyage,
resulting from any cause whatsoever, due to negligence
or not, for which, or for the consequences of
which, the Carrier is not responsible, by statute,
contract or otherwise, the Merchant shall contribute
with the Carrier in general average to the payment of
any 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) A general average on a vessel operated by the
Carrier shall be adjusted according to the York/Antwerp
Rules of 1994 or any subsequent amendments thereto at
any port or place and in any currency at the
option of and by an adjuster appointed by the Carrier
with the test of reasonableness in the Rule
Paramount being made on the basis of what was known at
the time of the general average act and
not subsequently with the benefit of hindsight. Any
general average on a vessel not operated by the
Carrier (whether a seagoing or inland waterways vessel)
shall be adjusted according to the
requirements of the operators of that vessel. In either
case the Merchant shall give such cash deposit
or other security, as the carrier may deem sufficient to
cover the estimated general average
contribution of the Goods. Any security, other than cash
deposits, must be given by a party acceptable
to and with assets in a jurisdiction nominated by the
Carrier. Such security must be provided before
delivery if the Carrier so requires, or, if the Carrier
does not so require, within three months of the
delivery of the Goods, whether or not at the time of
delivery the Merchant had notice of the Carrier's
lien. The Carrier shall be under no obligation to
exercise any lien for general average contribution due
to the Merchant.
(3) Conversion into the currency of the adjustment shall
be calculated at the rate prevailing on the date
of payment for disbursements and on the date of
completion of discharge of the vessel for allowances,
contributory values, etc.
(4) If salving vessel is owned or operated by the
Carrier, salvage shall be paid for as fully as if the
salving
vessel or vessels belonged to strangers.
(5) In the event of the Master in his sole discretion or
in consultation with owners considering that salvage
services are needed, the Merchant agrees that the Master
may act as his agent to procure such
services to Goods and that the Carrier may act as his
agent to settle salvage remunerations, without
any prior consultation with the Merchant in both cases.
(6) If the Merchant contests payment of contribution to
general average, salvage, salvage charges and or
special charges to Goods on any grounds whatsoever or
fails to make payment of contribution within
three months of issue of the adjustment thereof, whether
or not prior security had been provided, the
Merchant shall pay interest for the period in excess of
three months on the contribution due at two
percent per annum above the base lending rate of the
central bank of the country in whose currency
the adjustment is issued, in addition to the
contribution due.
(7) In the event of any general average credit balances
due to Merchants still being unclaimed five years
after the date of issue of the adjustment, these shall
be paid to the Carrier, who will hold such credit
balances pending application by the Merchants entitled
thereto.
23. VARIATION OF THE CONTRACT
No servant or agent of the carrier shall have the power
to waive or vary any of the terms of this Bill
of Lading, unless such waiver or variation is in writing
and specifically authorized or ratified in writing
by the Carrier.
24. LAW AND JURISDICTION
(1) Unless Clause 25 apply, any claim against the
Carrier under this Bill of Lading shall be determined
according to English law in the exclusive jurisdiction
of the courts of law in England.
(2) The Carrier may be entitled to pursue a claim
against the Merchant in London or any other jurisdiction
as the rule of law may allow but settlements or awards
shall only be decided or adjudged in
accordance with the application of English law only.
(3) Nothing herein shall prevent the parties to any
claim or dispute under this Bill of Lading from agreeing
to submit the claim or dispute to arbitration by
mutually acceptable arbitrator(s) on mutually
acceptable terms at a mutually acceptable venue.
25. VALIDITY
In the event that anything herein contained is
inconsistent with any applicable international
convention
or national law, which cannot be departed from by
private contract, the provisions hereof shall to the
extent of such inconsistency but no further be null and
void.
26. LIMITATION OF LIABILITY
For the avoidance of doubt, the Merchant hereby agrees
that the Carrier qualifies and shall be
regarded as a person entitled to limit liability under
the relevant Convention on the Limitation of
Liability for Maritime Claims. Except to the extent that
mandatory law to the contrary applies to the
appropriate jurisdiction (in which case said law shall
apply), the size of the fund to which the Carrier
may limit shall be calculated by multiplying the
limitation fund of the carrying vessel at the relevant
time by the number of TEUs (Twenty Foot Equivalents)
aboard at that time for which the Carrier is the
contracting carrier and dividing that total by the
number of TEUs aboard at the time.

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