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Hot Points | Reports | Contacts | Container Tracing | Tariffs |
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RECEIVED by the Carrier from the Shipper in apparent good order and condition (unless otherwise noted herein), the goods as specified above, weight, measure, marks, numbers, quality, contents and value unknown, for carriage from the Place of Receipt or the Port of Loading, whichever applicable, to the Port of Discharge or the Place of Delivery, whichever applicable, subject to the terms of the Carrier's Standard Bill of Lading Terms and Conditions and Tariff applicable to the voyage covered by this Waybill and operative on the date of issue and which are, with the necessary changes having been made, applicable to this Waybill (copies of which may be obtained from the Carrier or his agents). Except for live animals and goods which are stated herein to be carried on deck and are so carried, these terms and conditions apply the Hague Rules or the Hague-Visby Rules (whichever would have been applicable if this Waybill were a Bill of Lading) to the sea portion of the carriage. The contract evidenced by this Waybill, which is not a document of title to the goods, is deemed to be a contract of carriage as defined in Article 1(b) of the Hague Rules and Hague-Visby Rules and every reference in the Carrier's Bill of Lading Terms and conditions and Tariff to the words "Bill of Lading" shall be read and construed as a reference to the words "non-negotiable Waybill" and the terms and conditions thereof and tariff shall be read and construed accordingly. Delivery will be made to the above named Consignee, or his authorised agents, on production of proper proof of identity without any documentary formalities at the Port of Discharge or the Place of Delivery, whichever applicable. Should the consignee require delivery to a party other than the above named Consignee, written instructions must be given by the Consignee to the Carrier or his agents. Unless the Shipper expressly waives his right to control the goods until delivery by means of a clause on the face hereof, such instructions from the Consignee will be subject to any contrary instructions by the Shipper. The Carrier (his servant or agent) will exercise due care to ensure that delivery is made to the proper party but in case of incorrect delivery, no responsibility will be accepted unless it is proved to be due to personal fault or neglect of the Carrier or his servants / agents. It is hereby expressly agreed that no servant or agent 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 or owner of the goods or to any holder of this waybill 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 foregoing provisions in this clause, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence 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 waybill. The Shipper accepts the said standard terms and conditions on his own behalf, on behalf of the Consignee and the Owner of the goods, and authorises the Consignee to bring suit against the Carrier in his own name but as agent of the Shipper, and warrants that he has authority so to accept and authorise. The Shipper 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 Waybill. The contract evidenced hereby or contained herein shall be governed by Bulgarian Law. Any claim or other disputes there under shall be solely determined by Courts at the place where the carrier has his principal place of business unless the Carrier otherwise agrees in writing. |
