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DEFINITION OF GOODS. "Goods" means the cargo accepted from the Shipper and includes any container, transportable tank, flat or pallet not supplied by or on behalf of the Carrier. 1. CLAUSE PARAMOUNT. (a) This Bill of Lading shall have effect sub to any national law making the International Convention relating to Bill of Lading dated Brussels 25th August, 1924 (hereinafter called the Hague Rules) or the Hague Rules as amended by the Protocol signed in Brussels 23rd February, 1968 (hereinafter called the Hague-Visby Rules), compulsorily applicable to the Bill of Lading. If any term of this Bill of Lading be repugnant to the said legislation to any extent, such term shall be void to that extent but no further. Neither the Hague Rules nor the Hague-Visby Rules shall apply to this Contract where the goods carried hereunder consist of live animals or cargo which by this Contract is stated as being carried on deck and is so carried. (b) If no such national law shall be compulsorily applicable, the Carrier shall be entitled to the benefit of all privileges rights and immunities contained in the Hague Rules but without prejudice to his right to rely on the terms, conditions and exceptions set out herein, notwithstanding that they may confer wider or more beneficial rights, liberties or immunities upon the Carrier than those set out in the Hague Rules, (for the purposes of this sub-clause the limitation of liability under the Hague Rules shall be deemed to be Pds Sterling 100 lawful money of the United Kingdom per package or unit.) 2. RESPONSIBILITY FOR CONVEYANCE, DISCHARGE AND DELIVERY. (a) The Carrier's obligation in respect of the goods shall begin when the goods are received at the Ocean Vessel's rail at the port of loading and shall continue until the goods are discharged at the Ocean Vessel's rail at the port of discharge. The Carrier shall not in any circumstances whatsoever be liable for any loss or delay of or damage to the goods (whether in his actual or constructive possession or not) however caused occurring before they are received at the vessel's rail at the port of loading or after they are discharged at the vessel's rail at the port of discharge. (b) Notwithstanding anything contained in sub-clause (a) above where by the nature of this Bill of Lading the contract of carriage is in respect of through-transit of containerized or otherwise unitised goods from a place of receipt to a place of delivery which are expressly stated on the face of this Bill of Lading the Carrier shall be responsible for loss or damage of whatsoever nature and howsoever arising to the extent following but no further. (I) with respect to such loss or damage occurring during the carriage by sea or at the sea terminal at the port of loading or the port of discharge to the extent prescribed by the Hague Rules or the Hague Visby Rules whichever are applicable by Clause 1 above or (II) with respect to such loss or damage not covered by paragraph (I) occurring during the handling, storage or carriage of the goods by a sub-contractor or agent of the Carrier or his agent in which case the liability of the Carrier shall be limited to that amount recoverable by the Carrier or his agent from the sub-contractor or agent in respect of such loss or damage or (III) If it cannot be proved where the goods were when the loss or damage occurred the loss or damage shall be deemed to have occurred at sea and the Carrier shall be liable to the extent prescribed by the Hague Rules. (c) The Carrier shall be entitled to sub-contract on any terms the whole or any part of the carriage, loading, unloading, storage, warehousing, handling and all duties whatsoever undertaken by the Carrier in relation to the goods. 3. DISCHARGE AND DELIVERY. The vessel may commence discharging immediately on arrival without notice to the Consignee or any other person and notwithstanding any provision on the face hereof to notify any party which provision (if any) shall impose no obligation whatsoever on the Carrier, and discharge continuously with or without sorting the goods or separating them from other good, (whether or not such other goods are in the same ownership) irrespective of whether by day and by night. Sundays and holidays included, any custom of the port to the contrary notwithstanding, on to quay or into shed, warehouse, depot, bulk lighter, premises, vehicle or any other vessel or craft as the Carrier or his Agents may determine. Delivery overside to Consignee's lighters is at the vessel's option and if given is subject to the Consignee providing sufficient lighters and men to receive the goods as fast as the vessel can deliver any custom of the port to the contrary notwithstanding. Such discharge shall constitute due delivery of the goods under this Bill of Lading. The Consignee shall bear any charges or expenses incurred by the Consignee or by the Carrier wholly or partially in respect of sorting the goods or separating them from other goods (whether in the same ownership or not) on shore or on board for any purpose what whatsoever including any charges or expenses in connection with storage on shore or afloat pending such sorting or separation and any apportionment of such charges or expenses by the Carrier among different consignees by any method whatsoever in the discretion of the Carrier shall for the purpose of this clause be final and binding upon the Consignee. OPTIONAL CARGO. The port of discharge for optional cargo must be declared to the vessel's Agents at the first of the optional ports named in the option not later than 48 hours before the vessel's expected arrival there or failing such declaration, the Carrier may in his absolute discretion discharge the same at the first or any optional port and such discharge shall be deemed a complete fulfillment by the Carrier of the contractual and intended voyage and all the remedies and rights of the Carrier, his servants or agents shall have effect accordingly. Any option must be for the total quantity of goods under this Bill of Lading. 4. ACKNOWLEDGEMENT OF WEIGHT, QUALITY, MARKS, ETC. The Carrier, his Agents and servants shall not in any circumstances whatever be under any liability for insufficient packing or inaccuracies, obliteration or absence of marks, numbers, addresses or description nor for delivery to drop marks or quality marks or countermarks or numbers nor for failure to notify the Consignee of the arrival of the goods any custom of the port to the contrary notwithstanding. The Carrier is only responsible for leading marks provided such marks are stamped or otherwise shown clearly upon the goods if uncovered or on the cases or covering in which such goods are contained in letters at least two inches high and in such manner as should ordinarily remain legible until the end of the voyage. No acknowledgment is made as to the contents of cases packages, barrels or containers. 5. THE CARRIER'S RIGHTS IF CONSIGNEE NOT READY. If the goods are not taken by the Consignee at the time when the vessel is entitled to call upon him to take possession, or if they are not removed from alongside the vessel without delay, the Carrier shall be at liberty at the sole risk and expense of the Shipper, Consignee and/or Owner of the goods to enter and land or remove the goods or to put them into craft or store. 6. LANDING CHARGES. The goods shall in all cases be landed by the vessel and not by the Consignee and the landing charges shall be payable by the Consignee against delivery. Lighterage and expenses of weighing, measuring, valuing and counting cargo If any at port of discharge to be paid by the Consignee of the goods any custom or alleged custom of the port to the contrary notwithstanding. 7. METHODS AND ROUTES OF TRANSPORTATION. (I) The Carrier may at any time and without notice to the Merchant: (a) Use any means of transport or storage whatsoever; (b) Transfer the goods from one conveyance to another including transshipping or carrying the same on another vessel than the vessel named overleaf or on any other means of transport whatsoever and even though transshipment or forwarding of the goods may not have been contemplated herein; (c) Sail without pilots, proceed via any route, proceed to, return to and stay at any port or place whatsoever (Including the port of loading herein provided) in any order in or out of the route or in contrary direction to or beyond the port of discharge once or oftener for bunkering or loading or discharging cargo or embarking or disembarking any person(s) whether in connection with the present a prior or subsequent voyage or any other purpose whatsoever and before giving delivery of the goods at the port of discharge or the place of delivery herein provided and with liberties as aforesaid leave and then return to and discharge the goods of such port, tow or be towed, make trial trips, adjust compasses, or repair, or dry dock, with or without cargo on board; (d) Load and unload the goods at any port or place (whether or not any such port is named overleaf as the port of loading or port of discharge) and store the goods at any such port or place. (II) Anything done or not done in accordance with sub-clause (I) or any delay arising therefore shall be deemed to be within the contractual carriage and shall not be a deviation. 8. DECK CARGO AND STOWAGE. (a) Notwithstanding anything contained in Sub Clause (b) hereunder, in the case of live animals and cargo which in this Bill of Lading is stated to be carried on deck and is so carried the Carrier shall be under no liability whatsoever for loss, damage or delay howsoever and whensoever occasioned. (b) The vessel may carry goods of all kinds dangerous or otherwise. The Carrier may stow the goods in poop, focsle, dock house, shelter deck, the passenger space, bunker space or any other covered in space and in containers, and such goods shall be deemed for all purposes to be stowed under deck. The goods may also be stowed on deck whether in containers or not with or without notice to the Shipper and if they are so carried the Hague Rules or the Hague Visby Rule whichever are applicable by Clause I above shall apply notwithstanding carriage on or under deck and the goods and/or container shall contribute to General Average whether carried on or under deck. 9. CARRIER'S LIBERTIES IN THE EVENT OF BLOCKADE. DELAY, ETC. In case of war, hostilities, strikes, port congestion, lock-outs, civil commotions, quarantine, ice, storms or any other cause whatsoever beyond the Carrier's control (whether any of the foregoing are actual or threatened and whether or not existing or anticipated at the commencement of the voyage) which matter, or any of them in the judgment of the Master or Carrier (either of whose decision shall be absolute and binding on all parties) may result in damage to or lost of the vessel or give rise to risk of capture, seizure or detention of vessel or cargo, are likely to prejudice the interest of the vessel including her future engagement and/or her cargo whether by delay or otherwise or make it unsafe or imprudent for any reason to proceed on or continue the voyage or the Carriage by land or enter or discharge at the port or place of discharge or transshipment or give rise to delay or difficulty in reaching, discharging at or leaving the port or place of discharge or transshipment or the place of delivery the Carrier shall have the following liberties any warranty or rule of law notwithstanding (I) To proceed to such convenient port as the Carrier shall in his absolute discretion select and there discharge the goods. (II) To carry the goods back to the country of shipment and discharge them there. (III) To retain the goods on board the ship and/or return them to the original port of discharge in the same or substituted ship and there discharge the goods at the sole risk and expense of the Shipper, Consignee and/or Owner of the goods. (IV) In abandon the carriage of the goods by land at such convenient place as the Carrier shall in his absolute discretion select and discharge the goods from the container. When, the goods have been abandoned or discharged from the ship or Container as herein provided they shall thereafter be at the sole risk and expense of the Consignee and such discharge shall, constitute a full performance of all the Carrier's obligations hereunder, the Carrier, Master or Agents giving immediate notice of such discharge to the Consignee of the goods so far as he is known. Full freight and charges shall be deemed to be earned hereunder and the Carrier shall be entitled to payment for all extra expense incurred in the performance of any of the foregoing liberties for which (together with freight and charges) he shall have a lien on the goods. 10. CARRIER'S LIBERTIES IN THE EVENT OF WAR, ETC. The Ship shall have liberty to comply with any orders, directions or recommendations as to departure, arrival, routes, ports of call, stoppages, destination, delivery or otherwise, howsoever given by the Government of the Nation under whose flag the vessel sails, or any department thereof, or by any other Government, or any department thereof, or any person acting or purporting to act with the authority of such Government, or of any department thereof, or by any committee of person having under the terms of the War Risk Insurance, on the ship the right to give such orders, directions or recommendations and if by reason of and in compliance with any such orders, directions or recommendations anything is done or is not done the same shall not be deemed a deviation and delivery in accordance with such orders, directions or recommendations shall be a fulfillment of the contract voyage and the freight shall be payable accordingly. 11. CONTAINERS (I) The Carrier has no responsibility whatsoever for the functioning of reefer containers or trailers, not owned nor leased by the Carrier. (II) SHIPPER PACKED CONTAINERS. If a container has not been filled, packed, stuffed or loaded by the Carrier, the Carrier shall not be liable for loss of or damage to the contents and the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier, if such loss, damage, liability or expense has been caused by (a) The manner in which the container has been filled, packed, stuffed or loaded; or (b) The unsuitability of the contents for carriage in containers; or (c) The unsuitability or defective conditions of the container arising without any want of due diligence on the part of the Carrier to make the container reasonably fit for the purpose for which it is required; or (d) The unsuitability or defective condition of the container which would have been apparent upon reasonable inspection by the Merchant at or prior to the time when the container was filled, packed, stuffed or loaded. (III) INSPECTION OF GOODS. 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 or any part thereof cannot safely or properly be carried or carried further either at all or without incurring any additional expense or taking any measures in relation to the container or its contents or any part thereof the Carrier may abandon the transportation thereof and/or take any measure and/or incur any reasonable additional expense to carry or to continue the carriage or to store the same ashore or afloat under cover or in the open at any place which storage shall be deemed to constitute the delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any reasonable additional expenses so incurred. (IV) REPOSITIONING OF CONTAINERS. Where containers owned or leased by the Carrier are unpacked at the Consignee or Receivers premises, they are jointly and severally responsible for returning the empty containers with interiors brushed and clean to the port or place of discharge or to the point or place designated by the Carrier, his servants or agents within the time prescribed to them. Should a container not be returned within the prescribed time the Consignee or Receiver shall be liable for any demurrage, loss or expenses which may arise from such non return. (V) CONTAINER EQUIPMENT INTERCHANGE CONDITIONS. Shipper and Consignee engage with Carrier to Indemnify the Owner/Lessee of container (whether the Owner/Lessee of container be the Carrier or not) against all loss of or damage to any such container and against all loss and damage occasioned by any container or any defect therein to the Owner/Lessee of container or to any third party to whom the Owner/Lessee of container may be liable by reason of such loss or damage where such loss or damage occurs or is sustained while the container is on the premises or in the custody of the Shipper or Consignee or any Agent therefore and howsoever such loss or damage may be caused even if by the breach of contract, fault or negligence of the Carrier and/or the Owner/Lessee of container. 12. PORT CUSTOMS, CONSULAR AND OTHER REGULATIONS (a) The Shippers shall furnish all particulars necessary to enable the Bill of Lading to be made out in accordance with the prescriptions and regulations of the Port Customs and Consular Authorities. (b) All Consular, Health or other Certificates required to accompany the goods shall be procured by the Shipper and all detention charges or penalties accruing to the ship or her cargo owing to the want of any such Certificates shall be borne and paid by the Shipper, Consignee and/or Owner of the goods. (c) The Consignee and/or Owner of the goods shall bear and pay all tonnage dues, shed dues, harbour dues, customs dues and charges, wharfage charges and other dues and charges payable in respect of the goods. (d) The Shipper, Consignee and/or Owner of the goods shall comply with the regulations and requirements of the Port Customs and other authorities and shall bear and pay all duties, taxes, fines, Imposts, expenses, loss or damage of whatever nature incurred or suffered by reason of the breach thereof or the illegal, incorrect or insufficient marking, numbering or addressing of packages or units or descriptions of their weight or contents and shall indemnify the Carrier and his Agents and the ship and the Owner of the other cargo on board against all claims, demands, losses and expenses in respect thereof. (e) In the event of the goods by reason of their not being marked with the name of the country from which they are exported or otherwise not complying with the Customs Regulations at the port of discharge the Carrier shall be at liberty to bring back or to reship such goods to the port of shipment at the sole risk and expense of the Shipper, Consignee and/or Owners of the goods. (f) The Collector of the port or other duly appointed official is authorised to grant a general order for the discharge of the ship immediately on the ship's arrival. (g) Should the Carrier desire to discharge beyond usual Customs hours the Consignee shall if so required sign immediately an application for the purpose. (h) The Carrier or his Agents may in respect of dutiable goods transshipped at the port of discharge give such undertaking as the Customs Authorities at that port require with respect to dealing with the goods at the port where duty is payable and all charges involved or liabilities incurred shall be borne by the Shipper, Consignee and/or Owner of the goods. 13. DAMAGED PACKAGES, ETC. The Shipper, Consignee and/or Owner of the goods shall bear and pay the cost of all mending, baling and cooperage of and repairs to or replacement of packages, boxes, crates, wrappers, bags, barrels or other containers or coverings resulting from insufficiency of packing or from excepted perils. 14. CLAIMS. Subject to any limits of liability under the Hague Rules or the Hague Visby Rules whichever are applicable by Clause 1 above, the liability of the Carrier in a case of loss of or damage to or detention of the goods in circumstances involving him in responsibility shall be calculated on, and shall in no case exceed, the shippers net invoice costs and disbursements less all charges saved. In the case of ad valorem cargo, the Carrier's responsibility shall not exceed the value of the goods declared before the time of shipment and inserted in this Bill of Lading. Where bulk goods or goods without marks, or goods with the same marks are shipped to more than one Consignee the Consignees and/or Owners of the goods shall jointly and severally bear any expense or loss in dividing the goods or parcels into pro rata quantities and any deficiency shall fall upon them in such proportion as the Carrier, his servants or agents shall decide. 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 be liable for any direct, indirect or consequential loss or damage caused by delay. 15. CALCULATION OF FREIGHT. Freight on the goods shall be deemed earned on shipment and shall be paid vessel and/or goods lost or not lost. The freight, together with Primage and Charges, shall be due and paid to the Carrier at the port of shipment (unless otherwise agreed) at the time of shipment in the required freely transferable currency at the time of shipment calculated at the mean of the closing rates of exchange in London for the last working day of the week prior to the date when the vessel commences to load. These conditions will also apply where freight is paid at a place other than the port of shipment. The Shipper shall nevertheless remain responsible for the freight until payment is made. Interest at 2% over the Bank of England minimum lending rate shall be paid on any freight, primage, and charges remaining unpaid after due date of payment. Full freight is due on damaged or unsound goods and on packages, barrels or containers received part full or empty. The freight payable hereunder has been calculated and based upon the particulars of the goods furnished by the Shipper to the Carrier. The Carrier, shall be entitled at any time to open and to re-weigh, or re-measure, or re-value any goods and if the weight or measurement or value as furnished by the Shipper is found to be incorrect, freight shall be paid by the Shipper, Consignee and/or Owner of the goods on the excess weight or measurement or value so ascertained together with the expenses incident to re-weighing, or re-measuring, or revaluing which expenses shall be considered as freight but otherwise such expenses shall be payable by the Carrier. The Shipper shall, if required by the Carrier so to do, furnish forthwith on demand to the Carrier the invoice or a true copy thereof relating to the goods. If the description or (in cases where the value has been stated) the value of the goods has been mis-stated by the Shipper double the amount of such freight, shall if required by the Carrier, be paid (as liquidated damages) by the Shipper, Consignee and/or Owner of the goods as would have been charged if the goods has been accurately described or valued, and a certificate signed by the Carrier or his Agents shall be conclusive evidence for all purposes of the amount that would have been so charged. 16. LIEN. The Carrier, his servants or agents shall have a lien on the goods and a right to sell the goods whether privately or by public auction for all freight (including additional freight payable under Clause 15), primage, dead Freight, demurrage, detention charges, Salvage, General Average contributions, and for all other charges and expenses whatsoever, which are for account of the goods or of the Shipper, Consignee and/or Owner of the goods under this Bill of Lading and for the costs and expenses of exercising such lien and of such sale and also for all previously unsatisfied debts whatsoever due to him by the Shipper, Consignee and/or Owner of the goods. Nothing in this clause shall prevent the Carrier from recovering from the Shipper, Consignee and/or Owner of the goods the difference between the amount due from them or any of them to him and the amount realised by the exercise of the rights given to the Carrier under this Clause. 17. GENERAL AVERAGE AND SALVAGE. (a) General Average shall be payable according to York-Antwerp Rules 1974 and shall be adjusted at any port or place selected by the Carrier. (b) In the event of accident, danger, damage or disaster before or after the commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not for which or for the consequence of which the Carrier is not responsible by statute, contract or otherwise, the goods, Shippers, Consignees and/or Owners of the goods 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. (c) If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers. Such deposit as the Carrier or his agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, Shippers, Consignees and/or Owners of the goods to the Carrier before delivery. 18. BOTH TO BLAME COLLISION CLAUSE. If the ship comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, Mariners, pilots or the servant of the Carrier in the navigation or in the management of the ship, the Owners of the goods carried hereunder will indemnify the Carrier against all loss or liability to the other non carrying ship or her Owners in so far as such loss or liability, represent loss of, or damage to, or any claim whatsoever of the Owners of the said goods, paid or payable by the other or non-carrying ship or her Owners to the Owners of the said goods and set off, recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against, the carrying ship or Carrier. The foregoing provisions shall also apply where the Owners, Operators or those in charge of any ship or ships or objects other than or in addition to the colliding ships or objects are at fault in respect to a collision or contact. 19. RIGHTS AND IMMUNITIES OF ALL SERVANTS AND AGENTS OF THE CARRIER. (a) No servant or agents of the Carrier (including every independent contractor from time to time employed by the Carrier) shall in any circumstances whatsoever be under any liability whatsoever to the Shipper, Consignee, Owner of the goods, or Holder of this Bill of Lading for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, but without prejudice to the generality of the fore-going provisions in this Clause, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder shall also be available and shall extend to protect every such servant or agent of the Carrier acting as aforesaid and for the purpose of all the foregoing provisions of this Clause the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agents from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract in or evidenced by this Bill of Lading. (b) The Carrier shall be entitled to be paid by the Shipper, Consignee, Owner of the goods and/or Holder of this Bill of Lading (who shall be jointly and severally liable to the Carrier therefore) on demand any sum recovered or recoverable by either such Shipper, Consignee, Owner of the goods and/or Holder of this Bill of Lading or any other from such servant or agent of the Carrier for any such loss, damage, delay or otherwise. 20. SURRENDER OF BILL OF LADING. Subject to the Law and/or custom in force at the port of place of discharge, the Bill of Lading duly endorsed must be surrendered in exchange for Delivery Order or the goods. 21. AGENCY CLAUSE. If the ship is not owned by or chartered by demise to the Company or Line by whom this Bill of Lading is issued (as may be the case notwithstanding anything that appears to the contrary) this Bill of Lading shall take effect only as a contract with the Owner or Demise Charterer as the case may be, as Principal made through the agency of the said Company or Line who act as agents only and shall be under no personal liability whatsoever in respect thereof. 22. JURISDICTION. Disputes arising under this Bill of Lading shall be determined at the place, where the carrier has his principal place of business. No proceedings may be brought before other Courts, unless the parties both expressly agree on the choice of another Court or arbitration. |
