- The carrier shall be entitled but under no obligation to open any container at any time and to inspect the contents unless applicable law prohibits same. If it thereupon appears that the contents or any part thereof cannot legally, 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 expense to carry or to continue 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 due delivery under this Bill of Lading. The Merchant shall indemnify the carrier against any unreasonable additional expenses so incurred.
- 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 of 1936 and similar legislation.
- 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 matters mentioned in Section 4, Sub-Section 2 a) to p), inclusive, of the United States Carriage of Goods by Sea 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 this Bill of Lading relating to Goods.
- Special containers with heating or refrigeration units will not be furnished unless contracted for expressly in writing at the time of booking and, when furnished, may entail an increased freight rate or charge. Merchant 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 heating or refrigeration containers not owned or leased by carrier.
- The scope of the voyage herein contracted for shall include usual or customary or advertised ports of call whether named in its 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 a direction 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 purpose 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 then once, may discharge the goods during the first 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 tests, take fuel or stores, remain in port, lie 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 it is a Through Bill of Lading, no carrier is bound to transport the shipment by any participating 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 and any carrier shall have the right to forward the goods by substitute carrier.
- 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 or disadvantage of whatsoever kind which cannot be avoided by the exercise of reasonable endeavors, the carrier (whether or not the transport is commenced) may without notice to the Merchant treat the performance of this contracts terminated and place the goods or any parts of 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 nevertheless be entitled to full freight and charges 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.
- If the carrier makes a special agreement, whether by stamp hereon or otherwise, to deliver the goods at a special 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 lie at, and leave said dock or place, always safely afloat, and only suck dock or place is available for immediate receipt of the goods and that otherwise the goods shall be discharged as otherwise provided in this Bill of Lading, whereupon all responsibility of carrier shall cease.
- 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 of 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 cooling facilities shall not be furnished during loading or discharge or any part of the time that the goods are upon the wharf, craft or other loading or discharge location.
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 or his designated servants or agents 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 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 custody of Customs or other authorities, or into that any municipal or governmental 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.
- At ports or places where by local law, authorities or custom, the carrier is required to discharge cargo on lighters or other craft, or where it has been so agreed, or where wharves are not available which the ship can get to, lie at, or leave, always safely afloat, or where conditions prevailing at the time render 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 vessel, at the risk and expense of the goods. If the Merchant, fails to provide such lighters or other craft, carrier, acting solely as agents for the Merchant, may engage such lighters or other craft at the risk and expense of the goods. Discharge of 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.
- The carrier shall have liberty to comply with any order or directions or recommendations in connection with the transport under his contract of carriage given by any government of 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 or directions or recommendations shall be deemed a fulfillment of the contract. Any extra expenses incurred in connection with the exercise of the carrier's liberty under this clause shall be paid by the Merchant in addition to freight charges.
- Whenever the carrier or master may deem it advisable or in any case where goods are destined for port(s) or place(s) at which the vessel or participating carriers will not call, the carrier may, without notice, forward the whole or any part of the shipment, before or after loading at the original port of shipment, or any other place or places even though outside the scope of the voyage or the route to or beyond the port of discharge or the destination of the goods, by water, by land or by air or by any combination thereof, whether operated by the carrier or others and whether departing or arriving or scheduled to depart or arrive before or after the ship expected to be used for the transportation of the shipment. The carrier may delay forwarding awaiting a vessel or conveyance in its own service or which it has established connections. In all cases where the shipment is delivered to another carrier or to a lighter, Port Authority, warehousemen or other bailee for transshipment, the liability of this carrier shall absolutely cease when the goods are out of its exclusive possession and shall not resume, until the goods again come into its exclusive possession, and the responsibility of this carrier during any such period shall be that of an agent of the Merchant and this carrier shall be without any other responsibility whatsoever. The carriage by any transshipping or on-carrier and all transshipment or forwarding shall be subject to all the terms whatsoever in the regular form of Bill of Lading, consignment note, contract or other shipping document used at the time by the carrier performing such transshipment or forwarding.
- In any situation whatsoever and wheresoever occurring and whether existing or anticipated before commencement of or during the combined transport, which in the judgement of the carrier or the master is likely to give rise to risk of capture, seizure, detention, damage, delay or disadvantage or loss to the carrier or 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 diffculty 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 container(s) contents or any part thereof and may required the Merchant to take delivery of the goods at the place of receipt of 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 towards 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, depot, lighter, craft, or 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 the 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 complete 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 carriage. 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 line or, at carrier's option on a vessel of another line or by other mode of transportation.
- Notwithstanding the foregoing, the carrier shall neither be liable therefore, nor concluded as to the correctness of any such marks, description or representation.
When any cargo unit owned or leased by carrier is packed or loaded by consignee or its agent, shipper, consignee, receiver, holder of this Bill of Lading. Owners of the goods and person entitled to the possession of the goods shall be and remain liable, jointly and severally, for any loss or damage to the cargo unit during such loading or discharge, howsoever occurring, until the cargo unit is returned to carrier's custody and at, tariff rates, for any delay beyond the time allowed for such loading or discharge, and for any loss, damage or expense incurred by carrier as a result of the failure to return the cargo unit to the carrier in the same sound condition and state of cleanliness as when received by shipper. Such loss, damage, expense or delay shall constitute a lien on the goods.
Where a cargo unit is to be unpacked or unloaded by consignee or its agent, consignee or its agent shall promptly unpack or unload such cargo unit and take delivery of its contents, irrespective of whether the goods are damaged or not. Carrier shall not be liable for loss or damage caused to the goods by or during such unpacking or unloading.
- 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 responsibility or liability whatsoever therefore or for the packing, loading, 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 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, repacking, coopering, bailing, 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 demurrrage on containers and any payment, expense, fines, dues, duty, tax, impost, 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 or any kind imposed with respect to the goods by the authorities at any port or place or any act of omission of the merchant. The carrier's lien shall survive delivery and may be enforced by private or public sale and without notice.
- Freight shall be payable, at carrier's 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, but the carrier may, as previously stated herein, at any time open the packages or containers and examine, weigh, measure and value the goods (unless applicable law prohibits same). In case shipper's particulars are found to be erroneous and additional freight payable, the merchant and the goods shall be liable for any expense incurred for examining, weighing, measuring and valuing the goods. Full freight shall be paid on damaged or unsound goods. Full freight hereunder to place of delivery named herein and advance 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 force 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 offset, counterclaim or deduction of any kind in the currency of the place of receipt or at the carrier's option, in the currency of the place of delivery at the demand rate of New York Exchange 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 amounts due to the carrier, and for any failure of either or both to perform his or their obligations under the provisions of the 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 or 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 part of the freight to the carrier shall be considered a default by the merchant in the payment of the freight. The carrier shall have a lien on the goods and any documents relating thereto, which shall survive delivery, for all freight charges and damages of any kind whatsoever, and for the cost 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 under and for the performance of this obligation of each of them hereunder.
- Carrier shall not be liable for any consequential or special damages and shall have the option of replacing lost goods or repair damaged goods.
- The weight or quantity of any bulk cargo inserted in this Bill of Lading is the weight or quantity as ascertained by a third party other than the carrier, and carrier makes no representation with regard to the accuracy thereof. This Bill of Lading shall not be deemed evidence against the carrier of receipt of goods of the weight or quantity so inserted in the Bill of Lading.
- 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 though before loading on or after discharge from the ship, barge, lighter, railcar, truck or other conveyance, by reason or by means of any fire whatsoever, unless such 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.
- If the vessel or any prior or subsequent conveyance used in the fulfillment of the contract herein, comes into collision with another vessel or other conveyance as a result of the fault or negligence of the other vessel or conveyance and by act, negligence or default of the carrier, master, mariner, pilot, operator or the servants of the carrier in the navigation, operation, or in the management of the vessel or other conveyance, the merchant will indemnify the carrier against all loss or liability to the other or non-carrying vessel, or conveyance or her owners insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of the merchant, paid or payable by the other or non-carrying vessel, or conveyance or her owners to the merchant and set-off, recouped or recovered by the other or non-carrying vessel, or conveyance or her owners as part of their claim against the carrying vessel, or conveyance or carrier.
The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel/vessels, or conveyance/conveyances or objects other than, or in addition to, the colliding vessels, or conveyances, or objects are at fault in respect of a collision, contact, stranding or other accident.
This provision is to remain in effect in other jurisdictions even if unenforceable in the courts of the United States of America.
- General Average shall be adjusted, stated and settled according to York-Antwerp Rules 1974, except Rule XII thereof 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 currency 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 vessel, or conveyance. 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 or his agents may deem sufficient as additional security for the contribution of the goods and for any salvage and special charges thereon shall, if required, be made by the goods, shippers, consignees or owners of the goods to the carrier before delivery of the goods. Notwithstanding anything hereinbefore contained, such shall at the option of the carrier by payable 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 York-Antwerp Rules of 1974, 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 or stowage, the cost of handling, discharge, reloading and restowing cargo shall be allowed in General Average, even though the handling of cargo is not necessary for the purpose 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 consequence of which, the carrier is not responsible by statute, contract or otherwise, the goods, the shipper, consignee, receiver, holder of the 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 or incurred and shall pay salvage and special charges incurred in respect of the goods. If a salving ship owned, chartered, operated, or otherwise sub-contracted by the carrier, 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 ship owner even when such average is the result, fault, neglect or error of the master, pilot, officers or crew. The merchant expressly renounces any and all codes, statutes, laws or regulations which might otherwise apply.
- In case of any loss or damage in connection with goods exceeding in actual value the equivalent of $500.00 lawful money of the United States, per package, or in case of goods not shipped in packages, per shipping unit, the value of the goods shall be deemed to be $500.00 per package or per shipping unit. The carrier's liability, if any, shall be determined on the basis of a value or $500.00 per package or per shipping unit or pro rata in case of partial loss or damage, unless the nature of the goods and a valuation higher than $500.00 per package or per shipping unit shall have been declared by the shipper before shipment and inserted in this Bill of Lading, and extra freight, if required , have been paid. In such case, if the actual value of the goods per package or per shipping unit shall exceed such declared value, the value shall nevertheless be deemed to be declared value and the carrier's liability, if any, shall not exceed the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such declared value. The words "shipping unit" shall mean each physical unit or piece of cargo not shipped in a package, including articles or things of any description whatsoever, except goods shipped in bulk, and irrespective of the weight or measurement unit employed in calculating freight charges. 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 or other such package including in each instance its contents, shall be deemed a single package and carrier's liability limited to $500.00 with respect to each package.
- As to loss or damage to the goods or packages occurring or presumed to have occurred during the voyage, unless notice of loss or of damage and the general nature of it be given in writing to the carrier or its agents at the port or place of delivery before or at the time of the removal of the goods or packages into the custody of the person entitled or presumed to be 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 or place of delivery, such removal shall be primafacie evidence of the delivery by the carrier of the goods or packages as described in this Bill of Lading.
- As to loss or damage to the goods or packages 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 of this 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 packages or the date when the goods or packages 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, specie bullion or other valuables, including those named or described in Sec. 4281 of the Revised Statutes 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 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.
- It is agreed that superficial rust, oxidation or any like condition due to moisture, is not a condition of damage but is inherent to the nature of the cargo; and acknowledgement 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.
- 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 or term hereof shall be held invalid, such holding shall not affect the validity or enforceability of any other part or term hereof.