NVOCC
BILL OF LADING - TERMS AND CONDITIONS
Clause Paramount
1. (a) Except as otherwise provided herein this Bill of Lading shall have effect
subject to the provisions of the Carriage of Goods by Sea Act of the United States
of America approved April 16, 1936, which shall be deemed to be incorporated herein.
The provisions stated in said Act (except as otherwise specifically provided herein)
shall govern before loading on and after discharge from the vessel and throughout
the entire time the Goods are in the custody of the carrier. (b) The Carrier shall
be entitled to the full benefit of and right to all limitations of, or exceptions
from liability authorized by any provision of Sections 4281 to 4288 inclusive, of
the Revised Statutes of the United States and amendments thereto and of any other
provisions of the laws of the United States or of any other country whose laws shall
apply.
Definitions
2. In this Bill of Lading (a) "Carrier" means the Carrier named on the face side
hereof, the vessel, her owner, Master, operator, demise charterer and if bound hereby,
the time charterer, and any substitute Carrier whether the owner, operator,charterer
or Master shall be acting as carrier or bailee. (b) "Vessel" means and includes
the ocean vessel on which the Goods are shipped, named on the face hereof, or any
substitute vessel, also any feeder ship, ferry, barge, lighter or any other watercraft
used by the Carrier in the performance of this contract.(c) "Merchant" means and
includes the shipper, the consignee, the receiver, the holder of this bill of lading,
the owner of the Goods or person entitled to the possession of the Goods and the
servants or agents of any of these. (d) "Charges" means and includes freight and
all expenses and money obligations incurred and payable by the Merchant. (e) "Goods"
means and includes the cargo received from the shipper and described on the face
side hereof and any Container not supplied by or on behalf of the Carrier.(f) "Container"
means and includes any container, van, trailer, transportable tank, flat, pallet
or any similar article of transport. (g) "Person" means and includes any individual,
corporation, partnership or other entity as the case may be.(h) "Participating Carrier"
means and shall include any other water, land or air carrier performing any stage
of the Combined Transport.
Subcontracting
3. It is understood and agreed that other than the said Carrier no person whatsoever
(including the Master, officers and crew of the vessel, all servants, agents, employees,
representatives, and all stevedores, terminal operators, crane operators, watchmen,
carpenters, ship cleaners, surveyors and other independent contractors whatsoever)
is or shall be deemed to be liable with respect to the goods as carrier, bailee
or otherwise howsoever, in contract or in tort. If, however, it should be adjudged
that any other than said carrier is under any responsibility with respect to the
Goods, all limitations or exonerations from liability provided by law or by the
terms hereof shall be available to such other persons as herein described. In contracting
for the foregoing exemptions, limitations and exonerations from liability, the Carrier
is acting as agent and trustee for and on behalf of all persons described above,
all of whom shall to this extent be deemed to be a party to this contract evidenced
by this Bill of Lading, it being always understood that said beneficiaries are not
entitled to any greater or further exemptions, limitations or exonerationsfrom liability
than those that the Carrier has under this Bill of Lading in any given situation.
Determination of Loss
4. Subject to all rights, privileges and limitations of and exonerations from liability
granted to the ocean carrier under this Bill of Lading or by law, any liability
by the respective participating carriers for loss or damage to the Goods or packages
carried hereunder shall be governed by the following: (a) If loss or damage occurs
while the goods or packages are in the custody of the ocean carrier, only the ocean
carrier shall be responsible therefor, and any liability of the ocean carrier shall
be determined by the terms and conditions of this Bill of Lading and any law compulsorily
applicable.(b) If loss or damage occurs while the Goods or packages are in the custody
of a participating domestic or foreign Carrier, only the participating domestic
or foreign Carrier(s) shall be responsible therefor, and any liability of such participating
domestic or foreign Carrier(s) shall be determined, in respective order, by the
terms, conditions and provisions of the applicable participating domestic or foreign
Carrier's Bill(s) of Lading, whether issued or not, tariff(s) and law compulsorily
applicable in the circumstances. (c) Notwithstanding subdivision (a) and (b) hereof,
it is contemplated that the Goods or packages will from time to time be carried
in through transportation that will include inland transportation within the United
States by Railroad, Truck and sea carriage by one or more of the other Carriers
above defined. (When used on or endorsed on this Bill of lading the words "on board"
shall mean and include on board the original carrying Vessel when the Goods or packages
are being transported from a foreign port or place to the continental United States,
but when the Goods or packages are being transported from the continental United
States to a foreign port or place"on board" shall mean and include on board a rail
car operated by the originating carrier and en route by rail to the port of loading
for loading on board the Carrier's or participating Carrier's vessel.) (d) If loss
or damage occurs after receipt of the Goods or packages hereunder, and it cannot
be determined from the records of the ocean Carrier or participating domestic or
foreign Carrier(s) whether such damage or loss occurred during ocean domestic or
foreign carriage, it shall be conclusively presumed that the loss or damage occurred
on board the vessel and while the Goods or packages were in the custody of the ocean
Carrier. (e) At all times when the Goods or packages are in the custody of the above
mentioned participating domestic or foreign Carriers, such Carriers shall be entitled
to all the rights, defenses, exceptions from or limitations of liability and immunities
of whatsoever nature referred to or incorporated herein applicable or granted to
the Carrier as herein defined, to the full extent permitted to such domestic and
foreign Carriers under this Bill(s) of Lading, tariffs incorporated herein and any
other laws applicable or relating thereto, provided however, that nothing contained
in this Bill of Lading shall be deemed a surrender by these domestic or foreign
Carriers of any of their rights and immunities or an increase of any of their limitations
of and exoneration from liability under their said Bill(s) of Lading, tariffs or
laws applicable or relating to said carriage. (f) In making any arrangement for
transportation by participating domestic or foreign Carriers of the Goods or packages
carried hereunder, either before or after ocean carriage, it is understood and agreed
that the ocean Carrier acts solely as agent of the Merchant, without any other responsibility
whatsoever, and it assumes no responsibility as Carrier for such domestic or foreign
transportation.(g) Notice of loss or damage and claim against the ocean Carrier,
where applicable, shall be given to the ocean Carrier and suit commenced as provided
for in Clauses 27 and 28 hereof. Notice of loss or damage against the participating
domestic or foreign Carrier(s)where applicable, shall be filed with the participating
domestic or foreign Carrier(s) and suit commenced as provided for in the terms,
conditions and provisions of said Carrier(s) Bill(s) of Lading or by law applicable
thereto. It is understood by the Merchant that such terms conditions and provisions
as they pertain to notice of and claim for, loss or damage and commencement of suit,contain
different requirements than those requirements pertaining to ocean Carriage as contained
in Clauses 27 and 28 hereof.
Tariff
5. The goods carried hereunder are subject to all the terms and provisions of Carrier's
applicable Tariff or Tariffs on file with the federal Maritime Commission or any
other regulatory body which governs a particular portion of this carriage, and the
terms and provisions of the said Tariff or Tariffs are hereby incorporated herein
as part of the Terms and Condition of this Bill of Lading. Copies of the relevant
provisions of the applicable Tariff or Tariffs are obtainable from the Carrier,
Federal Maritime Commission or other regulatory body upon request. In the event
of any conflict between the terms and provisions of such Tariff or Tariffs and the
Terms and Conditions of this Bill of Lading, this Bill of Lading shall prevail.
Merchant Warranty
6. The merchant warrants that in agreeing to the Terms and Conditions hereof, he
is, or has the authority of the person owning or entitled to the possession of the
Goods and this Bill of Lading.
Subcontracting
7. 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 relations to the Goods. As to through
transportation, the Carrier undertakes to procure such services as necessary and
shall have the right at its sole discretion to contact any mode of land, sea or
air transportation and to arrange participation by other Carriers to accomplish
the combined transport from place of receipt to place of delivery. Whenever any
stage of the combined transport is accomplished by any land or air Carrier or any
other water carrier, each such stage shall be controlled according to any law compulsorily
applicable to such stage and according to the contracts, rules and tariffs of each
participating Carrier, the same as if such contracts, rules and tariffs were fully
set forth herein.
Right of Inspection
8. The Carrier shall be entitled but under no obligation to open any Container at
any time and to inspect the contents. If it thereupon appears that the contents
of any part thereof cannot safely or properly be carried or carried further, either
at all or without incurring any additional expense or taking any measures in relation
to the Container or its contents or any part thereof, the Carrier may abandon the
transportation thereof and/or take any measures and/or incur any reasonable additional
expenses to carry or to continue the carriage or to store the same ashore, 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.
Containers
9. Carrier may containerize any Goods or packages. Containers may be stowed on deck
or under deck and when so stowed shall be deemed for all purposes to be stowed under
deck, including for General Average and U.S. Carriage of Goods by Sea Act. 1936
and similar legislation.
Deck Cargo
10. Deck cargo (except goods carried in containers on deck) and live animals are
received and carried solely at Merchant's risk (including accident or mortality
of animals) and the Carrier shall not in any event be liable for any loss or damage
thereto arising or resulting from any matter mentioned in Section 4, Sub Section
2(a) to (p), inclusive, of the United States Carriage of Goods by Seas Act or from
any other cause whatsoever not due to the fault of the Carrier, any warranty of
seaworthiness in the premises being hereby waived, and the burden of proving liability
being in all respects upon the Merchant. Except as provided above, such shipments
shall be deemed Goods and shall be subject to all terms and provisions of thisBill
of Lading relating to Goods.
Special Containers
11. Special containers with heating or refrigeration units will not be furnished
unless contracted for expressly in writing at time of booking and, when furnished,
may entail an increased freight rate or change. Shippers shall advise Carrier of
desired temperature range when delivering Goods to Carrier, and Carrier shall exercise
due diligence to maintain the temperature within a reasonable range while the containers
are in its custody or control. The Carrier does not however accept any responsibility
for the functioning of heated or refrigerated containers not owned or leased by
Carrier.
Scope of Voyage
12. The scope of the voyage herein contracted for shall include usual or customary
or advertised ports of call whether named in this contract or not, also ports in
or out of the advertised geographical or usual route or order, even though in proceeding
thereto, the vessel may sail beyond the port of discharge named herein or in adirection
contrary thereto or return to the original port, or depart from the direct or customary
route and includes all canals, straits, and other waters. The vessel may call at
any port for the purposes of the current, prior or subsequent voyages. The vessel
may omit calling at any port whether scheduled or not and may call at the same port
more than once, may discharge the goods during thefirst or subsequent call at the
port of discharge, may for matters occurring before or after loading, and either
with or without the goods on board, and before or after proceeding towards the port
of discharge, adjust compasses, drydock with or without cargo on board, stop for
repairs, shift berths, make trial trips or test, take fuel or stores, remain in
port, be on bottom, aground or at anchor, sail with or without pilots, tow and be
towed,and save or attempt to save life or property, and all of the foregoing are
included in the contract voyage. The vessel may carry contraband, explosives, munitions,
warlike stores, hazardous cargo, and sail armed or unarmed, and with or without
convoy. The Carrier's sailing schedules are subject to change without notice both
as to the sailing date and date of arrival. If this is a Through Bill of Lading,
no Carrieris bound to transport the shipment by any particular train, truck, aircraft,
vessel or other means of conveyance, or in time for any particular market or otherwise.
No carrier shall be liable for delay.
Voyage Frustration
13. If at any time the performance of the contract evidenced by this Bill of Lading
is or is likely to be affected by any hindrance, risk, delay, difficulty, ordisadvantage
of whatsoever kind which cannot be avoided by the exercise of reasonable endeavors,
the Carrier (whether or not the transport is commercial) may without notice to the
Merchant treat the performance of this contract as terminated and place the Goods
or any part of them at theMerchant's disposal at any place or port which the Carrier
may deem safe and convenient, whereupon the responsibility of the Carrier in respect
of such Goods shall cease. The carrier shall nevertheless be entitled to full freight
andcharges on Goods received for transportation and the Merchant shall pay any additional
costs of carriage to and delivery and storage at such place or port.
Safe Berth
14. If the Carrier makes a special agreement, whether by stamp hereon or otherwise,
to deliver the Goods at a specified dock or place, it is mutually agreed that such
agreement shall be construed to mean that the Carrier is to make such delivery only
if, in the sole judgment of the Carrier the vessel can get to be at, and leave said
dock or place always safely afloat and only if such dock or place is available for
immediate receipt of the Goods and that otherwise provided in this Bill of Lading,
whereupon all responsibility of Carrier shall cease.
Loading/Discharge
15. The port authorities are hereby authorized to grant a general order for discharging
immediately upon arrival of the vessel and the Carrier without giving notice either
on arrival or discharge, may immediately upon arrival of the vessel at the designated
destination, discharge the goods continuously, Sundays and holidays included, at
all such hours by day or by night as the Carrier may determine no matter what the
state of the weather or custom of the port may be. The Carrier shall not be liable
in any respect whatsoever if heat or refrigeration or special coolingfacilities
shall not be furnished during loading or discharge or any part of the time that
the good are upon the wharf, craft or other loading or discharging place. Landing
and delivery charges and pier dues shall be at the expense of the Goods unless included
in the freight herein provided for. If the Goods are not taken away by the consignee
by the expiration of the next working day after the goods are at his disposal, the
Goods may, at Carrier's option and subject to the Carrier's lien be sent to store
or warehouse or be permitted to lie where landed, but always at the expense and
risk of the Goods. The responsibilities of the Carrier in any capacity shall altogether
cease and the Goods shall be considered to be delivered and at their own risk and
expense in every respect when taken into the custody of Customs or other Authorities,
or into that of any municipal or government concessionaire or depository. The Carrier
shall not be required to give any notification of disposition of the Goods, except
as may be otherwise provided in this Bill of Lading.
Lightering
16. At ports or places where, by local law, authorities, or custom, the Carrier
is required to discharge cargo to lighters or other craft where it has been so agreed,
or where wharves are not available which the ship can get to, be at, or leave always
safely afloat, or where conditions prevailing at the time tender discharge at a
wharf dangerous, imprudent, or likely to delay the vessel, the Merchant shall promptly
furnish lighters or other craft to take delivery alongside the ship the risk and
expense of the Goods. If the Merchant fails to provide such lighters or other craft,
Carrier, acting solely as agent for the Merchant, may engage such lighters, or other
craft, at the risk and expense of the Goods. Discharge of the Goods into such lighters
or other craft shall constitute proper delivery, and any further responsibility
of Carrier with respect to the goods shall thereupon terminate.
Government Order
17. The Carrier shall have liberty to comply with any order or directions or recommendations
in connection with this transport under this contract of carriage given by any Government
or Authority or anyone acting or purporting to act on behalf of such Government
or Authority, or having, under the terms of the mortgage or insurance on the vessel
or other transport, the right to give such orders, directions or recommendations,
Discharge or delivery of the Goods in accordance with the said order, directions
or recommendations shall be deemed a fulfillment of the contract. Any extra expense
incurred in connection with the exercise of the Carrier's liberty under this clause
shall be paid by the Merchant in addition to freight and charges.
Right to Offload
18. In any situation whatsoever and wheresoever occurring and whether existing or
anticipated before commencement of or during the combined transport, which in the
judgment of the Carrier or the Master is likely to give rise to risk if capture,
seizure, detention, damage, delay or disadvantage or loss to the Carrier of any
part of the Goods to make it unsafe, imprudent or unlawful for any reason to receive,
keep, load, or carry the goods, or commence or proceed on or continue the transport
or to enter or discharge the goods or disembark passengers at the port of discharge,
or the usual or agreed or intended place of discharge or delivery, or to give rise
to delay, or difficulty in proceeding by the usual or intended route, the Carrier
or the Master may decline to receive, keep, load or carry the Goods or may devan
the container(s) contents or any part thereof and may require the Merchant to take
delivery of the Goods at the place of receipt or any other point in the combined
transport and upon failure to do so, may warehouse the Goods at the risk and expense
of the Goods,, or the vessel, whether or not proceeding toward or entering or attempting
to enter a port of discharge, or reaching or attempting to reach a usual place of
discharge therein or attempting to discharge the shipment may discharge the Goods
and/or devan the contents of any container(s) at another port, lighter craft, other
place or may forward or transship them as provided in this Bill of Lading, or the
Carrier or the Master may retain the Goods, vanned or unvanned, on board until the
return of the vessel to the port of loading or to the port of discharge or until
such time as the Carrier or the Master thinks advisable and discharge the Goods
at any place whatsoever as herein provided. The Carrier or Master is not required
to give notice of such devanning or of discharge of the Goods or of the forwarding
thereof as herein provided. When the Goods are discharged from the ship as herein
provided, such shall be at the risk and expense of the Goods. Such discharging shall
constitute compete delivery and performance under this contract and the Carrier
shall be free from any further responsibility, unless it be shown that any loss
or damage to the Goods arose from Carrier's negligence in the discharge and delivery
as herein provided, the burden of establishing such negligence being on the Merchant.
For any service rendered to the Goods as herein above provided or for any delay
or expense to the vessel caused as a result thereof, the Carrier shall be entitled
to a reasonable extra compensation, and shall have a lien on the goods for such
charges. Notice of disposition of the Goods shall be mailed to shipper or consignee
named in this Bill of Lading. Goods shut out from the vessel named herein for any
cause may be forwarded on a subsequent vessel of this type or, at Carrier's option,
on a vessel of another type or by other mode of transportation.
Marks and Merchant Warranties
19. When containers, vans, trailers, transportable tanks, flats, palletized units,
and all other packages (all hereinafter referred to generically as "cargo units")
are not packed or loaded by Carrier, such cargo units shall be deemed shipped as
"Shipper's weight, load and count." Carrier has no reasonable means of checking
the quantity, weight, condition or existence of the contents thereof, does not represent
the quantity, weight, condition or existence of such contents, as furnished by the
shipper and inserted in this Bill of Lading to be accurate, and shall not be liable
for nonreceipt or misdescription of such contents. Carrier shall have no liability
for the securing and/or stowage of contents of such cargo units or for loss or damage
caused thereby or resulting therefrom, or for the physical suitability or structural
adequacy of such cargo units properly to contain their contents. The Merchant represents,
guarantees and warrants that the goods are properly described, marked, packed and
suitable for transport; that they are shipped in compliance with all applicable
laws and statutes; that they are not hazardous in any way to other cargo, persons
or conveyances; and the Merchant agrees to indemnify defend and hold harmless carrier
for any and all damage, loss, expense, fine, penalty, personal injury or death resulting
from a breach of said representations, guarantees and warranties, even without fault
of the Merchant. Merchant shall be responsible for any loss, damages, expense or
delay to a container or cargo unit supplied by carrier and carrier shall have a
lien on goods for same.
Liens
20. The Merchant and the Goods themselves shall be liable for and shall indemnify
the Carrier, and the Carrier shall have a lien on the Goods for all expenses of
mending,repairing, fumigating, repackaging, coopering, baling,reconditioning of
the Goods and gathering of loose contents of packages, also for expenses for repairing
containers damaged while in the possession of the Merchant for demurrage on containers
and any payment, expense, fine, dues, duty, tax, import, loss, damage or detention
sustained or incurred by or levied upon the Carrier, vessel, or conveyance in connection
with the Goods, howsoever caused, including any action or requirement of any government
or governmental authority or person purporting to act under the authority thereof,
seizure under legal process or attempted seizure, incorrect or insufficient marking,
numbering or addressing of containers, packages or description of the contents,
failure of the Merchant to procure consular Board of Health or other certificates
to accompany the Goods or to comply with laws or regulations of any kind imposed
with respect to the Goods by the authorities at any port or place or any act or
omission of the Merchant. The Carriers lien shall survive delivery and may be enforced
by private or public sale and without notice.
Freight
21. Freight shall be payable, at Carriers option, on actual gross intake weight
or measurement or on actual gross discharge weight or measurement or on a value
or other basis. Freight may be calculated on the basis of the particulars of the
Goods furnished by the shipper herein. Full freight shall be paid on damaged and
unsound goods. Full freight hereunder to place of delivery named herein and advanced
charges (including on-Carrier's) shall be considered completely earned on receipt
of the Goods by the Carrier, whether the freight be stated or intended to be prepaid
or to be collected at destination, and the Carrier shall be entitled to all freight
and charges, extra compensation, demurrage, detention, General Average, claims and
any other payments made and liability incurred with respect to the Goods, whether
actually paid or not, and to receive and retain them irrevocably under all circumstances
whatsoever vessel, conveyance and/or cargo lost, damaged or otherwise, or the combined
transport changed, frustrated or abandoned. In case of forced abandonment or interruption
of the combined transport for any cause, any forwarding of the goods or any part
thereof shall be at the risk and expense of the Goods. All unpaid charges shall
be paid in full, without any offer, counterclaim or deduction in the currency of
the place of receipt, or, at Carrier's option, in the currency of the place of delivery
at the demand rate of New York exchanges as quoted on day of arrival of the Goods
at the place of delivery. The Merchant shall be jointly and severally liable to
the carrier for the payment of all freight charges and the amount due to the Carrier,
and for any failure of either or both to perform his or their obligations under
the provisions of this Bill of Lading, and they shall indemnify the Carrier against,
and hold it harmless from, all liability, loss, damage and expense which the Carrier
may sustain or incur arising or resulting from any such failure of performance by
the Merchant. Any person, firm or corporation engaged by any party to perform forwarding
services with respect to the cargo shall be considered the exclusive agent of the
Merchant for all purposes and any payment of freight to such person, firm or corporation
shall not be considered payment to the Carrier in any event. Failure of such person,
firm or corporation to pay any part of the freight to the Carrier shall be considered
default by the Merchant in the payment of the freight. The carrier shall have a
lien on the Goods, and freight money and any documents relating thereof, which shall
survive delivery, for all freight charges and damages of any kind whatsoever, and
for the costs of recovering same, including expenses incurred in preserving this
lien, and may enforce this lien by public or private sale and without notice. The
shipper, consignee, receiver, holder of this Bill of Lading, owner of the Goods
and person entitled to the possession of the Goods shall be jointly and severally
liable to the Carrier for the payment of all freight charges and damages as aforesaid
and for the performance of the obligations of each of them hereunder.
22. Carrier shall not be liable for any consequential or special damages, loss of
profits or damages due to delay and
shall have the option of replacing lost Goods or repairing damaged Goods
Fire
23. Neither the Carrier nor any corporation owned by, subsidiary to or associated
or affiliated with the Carrier shall be liable to answer for or make good any loss
or damage to the goods occurring at any time and even thoughbefore loading on or
after discharge from the ship, by reason or by means of any fire whatsoever, unless
such a fire shall be caused by its design or neglect, or by its actual fault or
privity. In any case where this exemption is not permitted by law, Carrier shall
not be liable for loss or damage by fire unless shown to have been caused by Carrier's
negligence.
Both to Blame Collision
24. If the vessel comes into collision with another vessel as a result of the default
or negligence of the other vessel and any act, neglect or default of theCarrier,
Master, mariner, pilot or the servants of the Carrier in the navigation or in the
management of the vessel, the Merchant will indemnify the Carrier against all loss
or liability to the other or non- carrying vessel or her owners insofar as such
loss or liability representsloss of, or damage to, or any claim whatsoever of the
Merchant, paid or payable by the other or non-carrying vessel or her owners to the
Merchant and set-off, recouped or recovered by the other or non-carrying vessel
or her owners as part of their claim against the carrying vessel or Carrier. The
foregoing provisions shall also apply where the owners, operators or those in charge
of any vessel or objects other than, or in addition to the colliding vessels or
objects are at the fault in respect of a collision, contact stranding or other accident.
The provision is to remain in effect in other jurisdictions even if unenforceable
in the courts of the United States of America.
General Average
25. General average shall be adjusted, stated and settled according to York Antwerp
Rules 1974, except Rule XXII there of, at such port or place as may be selected
by the Carrier and as to matters not provided for by these Rules, according to the
laws and usages of New York. In such adjustment, disbursements in foreign currencies
shall be exchanged into United States money at the rate prevailing on the dates
made and allowances for damage to cargo claimed in foreign currency shall be converted
at the rate prevailing on the last day of discharge at the port or place of final
discharge of such damaged cargo from the ship. Average agreement or bond and such
additional security as may be required by the Carrier must be furnished before delivery
of the goods. Such cash deposit as the Carrier on his agents may deem sufficient
as additional security for the contribution of the Goods, shippers, consignees or
owners of the goods to the Carrier before delivery of the Goods. Notwithstanding
anything hereinbefore contained, such deposit shall at the option of the Carrier
be payable in United States currency, and be remitted to the adjuster pending settlement
of the General Average and refunds of credit balances, if an, shall be paid in United
States currency, and be remitted to the adjuster pending settlement of the General
Average and refunds of credit balances, if any, shall be paid in United States currency.
In addition to the circumstances dealt with in the 1974 Antwerp rules, it is agreed
that if the Carrier has used due diligence in the stowage of cargo and if the safe
prosecution of the voyage is thereafter imperiled in consequence of the disturbance
of stowage, the costs of handling, discharge, reloading and restowing cargo shall
be allowed in General Average, even though the handling of cargo is not necessary
for the purposes of effecting repairs to the vessel. In the event of accident, danger
or disaster, before or after commencement of the voyage resulting from any cause
whatsoever, whether due to negligence or not for which or for the consequences of
which, the Carrier is not responsible by statue, contract or otherwise, the Goods,
the shipper, consignee, receiver, holder of this Bill of Lading, owner of the Goods
and person entitled to the possession of the Goods, jointly and severally, shall
contribute with the Carrier in General Average to the payment of any sacrifices,
losses or expenses of a General Average nature that may be made incurred and shall
pay salvage and special charges incurred in salvage shall be paid for as fully and
in the same manner as if such salving ship or ships were owned or operated by strangers.
Cargo's contribution in General Average shall be paid to the shipowner even when
such average is the result of fault, neglect or error of the Master, pilot, officers
and crew. The merchant expressly renounces any and all codes, statutes, laws or
regulations which might otherwise apply.
Limitations
26. In case of any loss or damage to or in connection with Goods, the Carrier's
liability, if any, shall be determined on the basis of a value of $500 per package
or per shipping unit pro rata in case of partial loss ordamage, unless the nature
of the Goods and a valuation higher than $500 per package or per shipping unit shall
have been declared by the shipper before shipment inserted in this Bill of Lading,
and extra freight paid if required. In such case, if the actual value of the Goods
and a valuation higher than $500 per package or per shipping unit shall exceed such
declared value, the value shall nevertheless be deemed to be declared value and
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 value. Where containers,
vans, trailers, transportable tanks, flats, palletized units and other such packages
are not packed by the Carrier, each individual such container, van, trailer, transportable
tank, palletized unit and other such package including in each instance it's content,
shall be deemed a single package and Carriers liability limited to $500 with respect
to each such package.
Notice of Loss
27. As to loss or damage to the Goods or packages occurring or presumed to have
occurred during ocean voyage, unless notice of loss or damage and the general nature
of it be given in writing to the Carrier or its agent at the port of delivery before
or at the time of the removal of the Goods or packages into the custody of the person
entitled to delivery thereof under this Bill of Lading or, if the loss or damage
be not apparent, within three consecutive days after delivery at the port of discharge,
such removal shall be prima facia evidence of the delivery by the Carrier of the
Goods or packages described in this Bill of Lading.
Time Bar
28. As to loss or damage to the Goods or package occurring or presumed to have occurred
during ocean carriage, the Carrier and the vessel shall be discharged from all liability
in respect of loss, damage, misdelivery, delay or in respect of any other breach
ofthis contract and any claim whatsoever with respect to the Goods or packages,
unless
suit is brought within one year after delivery of the Goods or package or the date
when the Goods or package should have been delivered. Suit shall not be deemed brought
unless jurisdiction shall have been obtained over the Carrier and/or the vessel
by service of process or by an agreement to appear. Gold, Silver, etc.
29. Gold, silver, specie, bullion or other valuables, including those named or described
in Sec. 4281 of the Revised Statues of the United States, will not be received by
the Carrier unless their true character and value are disclosed to the Carrier and
a special written agreement therefore has been made in advance, and will not, in
any case, be loaded or landed by the Carrier. No such valuables shall be considered
received by or delivered to the Carrier until brought aboard the ship by the shipper
and put in the actual possession of and a written receipt therefore is given by
the Master or other officer in charge. Such valuables will only be delivered by
the Carrier aboard the ship on presentation of bills of lading properly endorsed
and upon such delivery on board the Carrier's responsibility shall cease. If delivery
is not so taken promptly after the ship's arrival at the port of discharge, the
goods may be retained aboard or landed or carried on, solely at the risk and expense
of the goods.
Rust
30. It is agreed that superficial rust, oxidation or any like condition due to moisture
or condensation, is not a condition of damage but is inherent to the nature of the
cargo, and acknowledgment of receipt of the Goods in apparent good order and condition
is not a representation that such conditions of rust, oxidation and the like did
not exist on receipt.
Forum
31. Nothing in this Bill of Lading shall operate to deprive the Carrier of any statutory
protection or exemption from, or limitation of, liability, contained in the laws
of the United States, or in the laws of any other country which may be applicable.
This Bill of Lading shall be construed according to the laws of the United States
and the Merchant agrees that any suits against the carrier shall be brought in the
Federal Courts of the United States. The terms of this Bill of Lading shall be separable,
and if any part of term hereof shall be held invalid, such holding shall not affect
the validity or enforceability of any other part or term hereof.