COMBINED TRANSPORT BILL OF LADING TERMS AND CONDITIONS
1. (Definitions) When used in this Bill of Lading
(A) “Ocean Carrier” means Infiniti Marine Pte Ltd, which
performs the sea carriage of Goods, and the vessel, her owner,
and demise charterer, whether any of the preceding parties is
acting as ocean carrier, non-vessel operating common carrier, or
bailee. (B) “Inland Carrier” means carriers (other than the
Ocean Carrier) by land, water or air, participating in combined
transport of the Goods, whether acting as carrier or bailee. (C)
“Combined Transport” means carriage of the Goods under this Bill
of Lading from place of receipt from Merchant to place of
delivery to Merchant by the Ocean Carrier plus one or more
Inland Carriers. (D) “Port to Port Transportation” means
carriage of the Goods under this Bill of Lading other than
combined transport. (E) “Merchant” includes the shipper,
consignor, consignee, owner, and receiver of the Goods and the
holder of this Bill of Lading. (F) “Goods” mean the cargo
described on the face of this Bill of Lading and, if the cargo
is packed into container(s) supplied or furnished by or on
behalf of the Merchant, include the container(s) as well. (G)
“Vessel” includes the vessel named on the face of this Bill of
Lading and any ship, craft, lighter, barge or other means of
transport that is substituted in whole or in part for that
vessel. (H) “Container” includes any containers (including an
open top container) flat rack, platform, trailer, transportable
tank, pallet or any other device used for transportation of
goods. (I) “Laden on Board” or similar words endorsed on this
Bill of Lading means that the Goods have been loaded on board
the Vessel or are in the custody of the Ocean Carrier, and in
the event of Combined Transport if the originating carrier is an
Inland Carrier. “On Board” means that the Goods have been loaded
on board rail cars or other means of Inland carriage or are in
the custody of a participating railroad or other Inland Carrier.
(J) “Subcontractor” includes stevedores, longshoremen,
lighterers, terminal operators, warehousemen, truckers, agents,
servants, and any person, firm, corporation or other legal
entity which performs services incidental to the carriage of the
Goods.
2. (Clause Paramount) (A) Insofar as this Bill of Lading covers
carriage of Goods by water, this Bill of Lading shall have
effect subject to the provisions of the “Hague Rules”, namely
the International Conventions for the Unification of Certain
Rules Relating to Bills of Lading, dated at Brussels, August 25,
1924, as amended (including, where enacted, the Protocol dated
at Brussels, February 23, 1968, known as the Visby Rules), as
enacted in the country of shipment. When no such enactment is in
force in the country of shipment or is otherwise compulsorily
applicable, the Hague Rules as enacted in the country of
destination shall apply. When no such enactment is in force in
the country of shipment or in the country of destination, or is
otherwise compulsorily applicable, the terms of the Hague Rules
as enacted by the Convention shall apply.
3. (Law and Jurisdiction) (A) Insofar as anything has not been
dealt with by the terms and conditions of this Bill of Lading,
Singapore law shall apply. Singapore law shall in any event
apply in interpreting the terms and conditions hereof. (B) All
disputes relating to this Bill of Lading shall be determined by
the Courts of Singapore to the exclusion of the jurisdiction of
the courts of any other country provided always that the Carrier
may in its absolute and sole discretion invoke or voluntarily
submit to the jurisdiction of the Courts of any other country
which, but for the terms of this Bill of Lading, could properly
assume jurisdiction to hear and determine such disputes, but
shall not constitute a waiver of the terms of this provision in
any other instance
4. (Limitation of Liability Statutes) Nothing in this Bill of
Lading shall operate to limit or deprive the Ocean Carrier of
any statutory protection, exemption from, or limitation of
liability authorized by the applicable laws, statutes, or
regulations of any country.
5. (Subcontracting: Exemptions and Immunities of Subcontractors)
(A) The Ocean Carrier shall be entitled to subcontract on any
terms the whole or part of the handling, storage, or carrier of
the Goods and any and all duties whatsoever undertaken by the
Ocean Carrier in relation to the Goods. (B) Merchant warrants
that no claim shall be made against any Subcontractor (as
defined in Article 1 (J), or Subcontractor, of Ocean Carrier,
except Inland Carriers where otherwise appropriate, that imposes
or attempts to impose upon any of them or any vessel owned or
operated by any of them any liability in connection with the
Goods, and, if any such claims should nevertheless be made, to
indemnify the Ocean Carrier against all consequences of such
claims. (C) Without prejudice to the foregoing, every
Subcontractor (and Subcontractor’s Subcontractor) shall have the
benefit of all provisions in this Bill of Lading for the benefit
of the Ocean Carrier as if such provisions were expressly for
the Subcontractor’s benefit. In entering into this contract the
Ocean Carrier, to the extent of those provisions, does so not
only on its own behalf of such Subcontractors.
6. (Route to Transport) (A) The Goods may, at the Ocean Carriers
absolute discretion, be carried as a single shipment or as
several shipments by the Vessel and/or any other means of
transport by land, water, or air and by any route whatsoever,
whether or not such route is the direct, advertised, or
customary route. (B) The Vessel shall have liberty to call
and/or stay at any port or place in or out of the direct,
advertised, or customary route, once or more often and in any
order, and/or to omit calling at any port or place whether
scheduled or not. (C) The Vessel shall have liberty , either
with or without the Goods on board and either before or after
proceeding toward the port of discharge to adjust to compasses
and other navigational instruments, make trial trips or tests,
dry dock, go to repair yards, shift berths, take on fuel or
stores, embark or disembark any person, carry contraband,
explosives, munitions, war-like stores and hazardous cargo, sail
with or without pilots, tow or be towed, and save or attempt to
save life or property. (D) If the Goods in whole or in part are
for any reason not carried on the Vessel named in this Bill of
Lading, or if loading the Goods is delayed or is likely to
detain the Vessel, the Vessel may proceed without carrying or
loading the Goods in whole or in part, and notice to merchant of
such sailing is hereby waived. Ocean Carrier may forward the
Goods under the terms of this Bill of Lading on the next
available ship or at Ocean Carrier’s option by any other means
of transportation, whether by land, water or air. (E) At Ocean
Carrier’s option and without notice to Merchant, another ship or
ships may be substituted for the Vessel named in this Bill of
Lading, whether or not the substitute ship is owned or operated
by Ocean Carrier or arrives or departs, or is scheduled to
arrive or depart, before or after the Vessel named by this Bill
of Lading. (F) Any action taken by the Ocean Carrier under this
Article 6 shall be deemed to be included within the contractual
carriage and such action, or delay resulting therefrom, shall
not be considered a deviation. Should the Ocean Carrier be held
liable in respect of such action, the Ocean Carrier shall be
entitled to the full benefit of all privileges, rights, and
immunities contained in this Bill of Lading.
7. (Responsibility) (A) Insofar as this Bill of Lading is used
for Port to Port Transportation of the Goods, the Ocean Carrier
shall not be responsible for loss of or damage to the Goods
caused before loading or after discharge “Loading” shall be
deemed to commence with the receipt of the Goods on deck.
“Discharge” shall be deemed to be completed when the Goods have
been removed from the vessel’s deck. (B) Insofar as this Bill of
Lading is used for combined transport of the Goods, the
responsibility of the Ocean Carrier and each Inland Carrier with
respect to the Goods shall be limited to the period when the
carrier has custody of the Goods, and no carrier, either Ocean
or Inland, shall be responsible for any loss or damage caused
while the Goods are not in its custody. Any claim for loss of
Goods or damage to the Goods, including loss or damages
resulting from delay, should be made against the carrier having
custody of the Goods when the loss or damage or delay was
caused. (C) If it is established by the Merchant that the Ocean
Carrier is responsible for loss of or damage to or in connection
with the Goods, such responsibility, subject to the provisions
of this Bill of Lading, shall be to the extent following but not
further: (1) With respect to loss or damage caused during the
period from the time when the Goods arrived at the sea terminal
at the port of loading to the time when they left the sea
terminal at the port of discharge, or caused during any previous
or subsequent period of carriage by sea or waterways, to the
extent prescribed by the applicable Hague Rules as provided in
Article 2. (2) Save as indicated (C) (i) above, with respect to
loss or damage caused during the handling, storage or carriage
of the Goods by Ocean Carrier’s Subcontractor, to the extent to
which such Subcontractor would have been liable to the Merchant
if he had made a direct and separate contract with the Merchant
in respect of such handling, storage or carriage, provided,
however, that if the Ocean Carrier is not authorized under any
applicable laws, rules or regulations to undertake such
handling, storage, or carriage under its own responsibility, the
Ocean Carrier shall only be liable for procuring such handling,
storage or carriage. If such handling, storage or carriage
occurred in or between points in Europe, or where otherwise
applicable, such responsibility shall be governed (a) if by road
by the Convention on the Contract for the International Carriage
of Goods by Road, dated 19 May, 1956 (CMR); (b) if by rail, by
the International Convention Concerning the Carriage of Goods by
Rail, dated 25 February, 1961 (CIM); (c) if by air, by the
Convention for the Unification of Certain Rules Relating to
International Carriage by Air, signed Warsaw 12 October, 1929,
as amended by the Hague Protocol dated 28 September, 1955
(Warsaw Convention); (d) If it is established by the Merchant
that an Inland Carrier is responsible for loss of or damage to
or in connection with the Goods, such responsibility shall be to
the extent, but not further, than the Inland Carrier would have
been liable to the Merchant if he had made a direct and separate
contract with the Merchant in respect of handling, storage or
carriage of the Goods, as applicable. (e) Notwithstanding
foregoing Article 7 (A) or 7 (B), the Ocean Carrier does not
undertake that the Goods shall arrive at the port of discharge
or place of delivery at any particular time or in time to meet
any particular market o ruse, and the Ocean Carrier shall not be
responsible for any direct or indirect loss or damage that is
caused through delay. (f) If this Bill of Lading is used for
Port to Port Transportation, the column indicating final
destination on the face of this Bill of Lading is solely for the
purpose of the Merchant’s reference, and the Ocean Carrier’s
responsibility for the Goods shall in all cases cease at the
time of discharge of the Goods at the port of discharge.
8. (Liberties) (A) In any situation whatsoever whether or not
existing or anticipated before commencement of or during the
transport, which in the judgement of the Ocean Carrier
(including for the purpose of this Article the Master and any
person charged with the transport or safekeeping of the Goods)
has given or is likely to give rise to danger, injury, loss,
delay, or disadvantage of whatsoever nature to the Vessel, the
Ocean Carrier, a vehicle, any person, the Goods or any property,
or has rendered or is likely to render it in any way unsafe,
impracticable, unlawful, or against the interest of the Ocean
Carrier or the Merchant to commence or continue the transport or
to discharge the Goods at the port of discharge or to deliver
the Goods at the place of delivery by the route and in the
manner originally intended by the Ocean Carrier, the Ocean
Carrier (1) at any time shall be entitled to unpack the
container(s) or otherwise dispose of the Goods in such way as
the Ocean Carrier may deem advisable at the risk and expense of
the Merchant and/or (2) before the Goods are loaded on the
Vessel, a vehicle, or other means of transport at the place of
receipt or port of loading, shall be entitled to cancel the
contract of carriage without compensation and to require the
Merchant to take delivery of the Goods and, upon his failure to
do so, to warehouse or place them at any place selected by the
Ocean Carrier at the risk and expense of the Merchant and/or (3)
if the Goods are at a place awaiting transshipment, shall be
entitled to terminate the transport there and to store them at
any place selected by the Ocean Carrier at the risk and expense
of the Merchant, and/or (4) if the Goods are loaded on the
Vessel, a vehicle, or other means of transport whether or not
approaching, entering, or attempting to enter the port of
discharge or to reach the place of delivery or attempting or
commencing to discharge, shall be entitled to discharge the
Goods or any part of them at any port or place selected by the
Ocean Carrier or to carry them back to the port of loading or
place of receipt and there discharge them . Any actions under
(3) or (4) above shall constitute complete and final delivery
and full performance of this contract, and the Ocean Carrier
thereafter shall be free from any responsibility for carriage of
the Goods. (B) If, after storage, discharge, or any actions
according to subpart (A) above the Ocean Carrier makes
arrangements to store and/or forward the Goods, it is agreed
that he shall do so only as agent for and at the sole risk and
expense of the Merchant without any liability whatsoever in
respect of such agency. The Merchant shall reimburse the Ocean
Carrier forthwith upon demand for all extra freight charges and
expenses incurred for any actions taken according to subpart
(A), including delay or expense to the Vessel, and the Ocean
Carrier shall have a lien upon the Goods to that extent. (C) The
situations referred to in subpart (A) above shall include, but
shall not be limited to, those caused by the existence or
apprehension of war declared or undeclared, hostilities, riots,
civil commotions, or other disturbances closure of, obstacle in,
or danger to any port or canal, blockade, prohibition, or
restriction on commerce or trading quarantine, sanitary, or
other similar regulations or restrictions, strikes, lockouts or
other labour troubles whether partial or general and whether or
not involving employees of the Ocean Carrier or its
Subcontractors, congestion of port, wharf, sea terminal, or
similar place, shortage, absence or obstacles of labour or
facilities for loading, discharge, delivery, or other handling
of the Goods, epidemics or diseases, bad weather, shallow water,
ice, landslip, or other obstacles in navigation or carriage (D)
The Ocean Carrier, in addition to all other liberties provided
for in this Article, shall have liberty to comply with orders,
directions, regulations or suggestions as to navigation or the
carriage or handling of the Goods or the Vessel howsoever given,
by any actual or purported government or public authority, or by
any committee or person having under the terms of any insurance
on the Vessel, the right to give such order, direction,
regulation, or suggestion. If by reason of and/or in compliance
with any such order, direction, regulation, or suggestions,
anything is done or is not done the same shall be deemed to be
included within the contractual carriage and shall not be a
deviation.
9. (Description and Particulars of Goods) Any reference on the
face of this Bill of Lading to marks, numbers, description,
quantity, quality, gauge, weight, measure, nature, kind, value,
and any other particulars of the Goods, is as furnished by the
Merchant. The Ocean Carrier shall not be responsible for the
accuracy of any such reference and is not bound thereby. The
Merchant warrants to the Ocean Carrier that the descriptions and
particulars furnished by him are correct, and the Merchant shall
indemnify the Ocean Carrier against all loss, damage, expenses,
liability, penalties and fines arising or resulting from
inaccuracy of any description or particular.
10. (Use of Container) When the Goods are not already packed
into a container at the time of receipt by the Ocean Carrier,
the Ocean Carrier shall be at liberty to pack and carry the
Goods in any type of container.
11. (Ocean Carrier’s Container) (A) The Merchant assumes full
responsibility for and shall indemnify the Ocean Carrier against
any loss of or damage to the Ocean Carrier’s containers and
other equipment if the loss or damage is caused or occurs while
in the possession or control of the Merchant, his agents, or
common carriers engaged by or on behalf of the Merchant (B) The
Ocean Carrier shall in no event be liable for, and the Merchant
shall indemnify and hold the Ocean Carrier harmless from, any
death of or injuries to persons, or loss of or damage to
property, caused by the Ocean Carrier’s container or its
contents while in the possession or control of the Merchant, his
agents, or common carriers engaged by or on behalf of the
Merchant.
12. (Container Packed by Merchant) If the cargo received by the
Ocean or Inland Carrier is in a container packed by or on behalf
of the Merchant. (A) This Bill of Lading is prima facie evidence
of the receipt only of the number on the face of this Bill of
Lading. The condition and particulars of the contents are
unknown to the Ocean and Inland Carriers, and the Ocean Carrier
accepts no responsibility for the accuracy of the description of
condition or particulars. (B) The Merchant warrants (1) that the
stowage of the contents of the containers and the closing and
sealing of the containers are safe and proper, and (2) that the
containers and their contents are suitable for handling and
carriage in accordance with the terms of this Bill of Lading,
including Article 15. In the event of the Merchant’s breach of
any of these warranties, the Merchant and not the Ocean Carrier
shall be responsible for, and the Merchant shall indemnify and
hold Ocean Carrier harmless from, any resulting loss or damage
to persons or property (including the Goods) (C) The Merchant
shall inspect the container when it is furnished by or on behalf
of the Ocean Carrier, and the container shall be deemed to have
been accepted by the Merchant as being in sound and suitable
condition for the purpose of the transport contracted for in
this Bill of Lading, unless the Merchant gives notice to the
contrary, in writing, to the Ocean Carrier before the transport.
(D) If the container is delivered after transport by the Ocean
or Inland Carrier with seals intact, such delivery shall be
deemed to be full and complete performance of the Ocean
Carrier’s obligation under this Bill of Lading, and the Ocean
Carrier shall not be liable for any loss of or damage to the
contents of the container. (E) The Ocean and Inland Carrier
shall have the right to open the container and to inspect its
contents without notice to the Merchant, at such time and place
as the Ocean or Inland Carrier may deem necessary, and all
expenses incurred therefrom shall be borne by the Merchant. (F)
If any seal of the container is broken by customs or other
authorities for inspection of its contents, the Ocean Carrier
shall not be liable for any resulting loss, damage or expenses.
13. (Special Carriage or Container) (A) The Ocean Carrier does
not undertake to carry the Goods in refrigerated, heated,
insulated, ventilated, or any other special hold or container,
nor to carry any special container packed by or on behalf of the
Merchant, but the Ocean Carrier will treat such Goods or
container only as ordinary goods or dry container, respectively,
unless: (1) special arrangements for the carriage of such Goods
or container have been agreed to in writing between the Ocean
Carrier and the Merchant; (2) such special arrangements are
noted on the face of this Bill of Lading; and (3) special
freights as required has been paid. The Ocean Carrier shall not
be responsible for the function of a special container supplied
by or on behalf of the Merchant. (B) The Ocean Carrier shall not
be liable for any loss of or damage to Goods in a special hold
or container arising from latent defects, breakdown, or stoppage
of the refrigeration or heating machinery, insulation, ship’s
plant, or other such apparatus of the Vessel or container,
provided that the Ocean Carrier shall before or at the beginning
of the transport exercise due diligence to maintain the special
hold or container in an efficient state. (c) If the Goods have
been packed into a refrigerated container by the Ocean or Inland
Carrier, and the particular temperature range requested by the
Merchants is inserted in this Bill of Lading, the Ocean Carrier
will set the thermostatic controls within the requested
temperature range but does not guarantee the maintenance of such
temperature inside the container. (D) If the cargo received by
the Ocean or Inland Carrier is in a refrigerated container
packed by or on behalf of the Merchant, it is the obligation of
the Merchant to stow the contents properly and set the
thermostatic controls exactly. The Ocean Carrier shall not be
liable for any loss of or damage to the Goods arising out of or
resulting from the Merchant’s failure in such obligation and
Ocean Carrier does not guarantee the maintenance of the intended
temperature inside the container.
14. (Dangerous Goods, Contraband) (A) The Ocean Carrier
undertakes to carry Goods of an explosive, inflammable,
radioactive, corrosive, damaging, poisonous, or dangerous nature
only upon the Ocean Carrier’s approval of a written application
by the Merchant prior to the carriage of such Goods. Such
application must accurately state the name, nature and
classification of the Goods, as well as how they are dangerous
and the method o rendering them innocuous, together with the
full names and addresses of the shipper and the consignee. (B)
The Merchant shall undertake that the nature and danger of such
Goods is distinctly hand permanently marked on the outside of
the package or container containing the Goods. (C) Merchant
shall submit all documents or certificates required in
connection with such Goods by any applicable statue or
regulation or by the Ocean Carrier (D) Whenever the Goods are
discovered to have been received by the Ocean or Inland Carrier
without complying with subparts (A), (B) or (C) above, or the
Goods are found to be contraband or prohibited by any law or
regulation of any place during the transport, the Ocean Carrier
shall be entitled to have such Goods rendered innocuous, thrown
overboard, discharged, or otherwise disposed of at the Ocean
Carrier’s discretion without compensation, and the Merchant
shall be liable for and indemnify the Ocean Carrier against any
loss, damage or liability, including loss of freight, and any
other expenses directly or indirectly arising out of custody or
carriage of such Goods. (E) The Ocean Carrier may exercise the
right conferred upon it under the preceding subpart whenever it
is apprehended that Goods received in compliance with subparts
(A), (B) and (C) above have become dangerous, even if not
dangerous when received by the Ocean or Inland Carrier. (F) The
Ocean Carrier has the right to inspect the contents of any
package or container at any time and place without the prior
notice to Merchant and at the risk and expense of the Merchant.
15. (Stowage Under and on Deck) (A) Goods in containers, vans,
trailers, or chassis may be carried under deck or on deck, and
when such Goods are carried on deck the Ocean Carrier shall not
be required to specially note mark, or stamp any statement of
“on deck stowage” on the face of this Bill of Lading, any custom
to the contrary notwithstanding. Such on deck carriage shall not
be considered a deviation. (B) Goods stowed in poop, forecastle,
deck house, shelter deck, passenger space, or any other covered
in space, or stowed in a container wherever placed, shall be
deemed to be stowed under deck for all purposes including
general average. (C) Lumber, earth moving equipment and all
other Goods customarily or reasonably carried on deck may, at
Ocean Carrier’s option, be carried on deck without further
notice to Merchant and without liability to the Ocean Carrier
for the risks inherent in or incident to such carriage. Such on
deck carriage shall not be considered a deviation. (D) In
respect of Goods not in containers and carried on deck, and
stated on this Bill of Lading to be so carried, all risks of
loss or damage from perils inherent in or incident to the
custody or carriage of such Goods shall be borne by the Merchant
and in all other respects the Ocean Carrier shall have the
benefit of the provisions of the applicable, version of the
Hague Rules (including U.S. COGSA, notwithstanding Section 1301
(c) thereof) and the terms of this Bill of Lading
16. (Live Animals and Plants) With respect to the custody and
carriage of live animals and plants, all risks of loss or damage
by perils inherent in or incident to such carriage shall be
borne by the Merchant, and in all other respects the Ocean
Carrier shall have the benefit of the provisions of the
applicable version of the Hague Rules (including U.S. COGSA,
notwithstanding Section 1301(c) thereof) and the terms of this
Bill of Lading.
17. (Valuable Goods) The Ocean Carrier shall not be liable to
any extent for any loss of or damage to or in connection with
precious metals, stones, or chemicals, jewellery, currency,
negotiable instruments, securities, writings, documents, works
of art, curios, heirlooms, or any other valuable goods,
including goods having particular value only for the Merchant,
unless the true nature and value of the Goods have been declared
in writing by the Merchant before receipt of the Goods by the
Ocean or Inland Carrier, the same is inserted on the face of
this Bill of Lading and additional freight has been paid as
required.
18. (Heavy Lift) (A) The weight of a single piece or package
exceeding one metric ton gross must be declared by the Merchant
in writing before receipt by the Ocean or Inland Carrier and
must be marked clearly and durably on the outside of the piece
or package in letters and figures not less than two inches high.
(B) If the Merchant fails in his obligations under the preceding
subpart (1) the Ocean Carrier shall not be responsible for any
loss of or damage to in connection with the Goods. (2) the
Merchant shall be liable for resulting loss of or damage to any
person or property, and (3) Merchant shall indemnify the Ocean
Carrier against any resulting loss, damage, or liability
suffered by the Ocean Carrier.
19. (Delivery by Marks) (A) The Ocean Carrier shall not be
liable for failure or delaying delivery in accordance with
marks, unless such marks have been clearly and durably stamped
or marked upon the Goods, package, or container by the Merchant
before they are received by the Ocean or Inland Carrier, in
letters and numbers not less than two inches high, together with
the names of the port of discharge and place of delivery. (B) In
no circumstances shall the Ocean Carrier be responsible for
delivery in accordance with other than leading marks. (C) The
Merchant warrants that the marks on the Goods, packages and
containers correspond to the marks shown on this Bill of Lading
and also in all respects comply with all laws and regulations in
force at the port of discharge or place of delivery. The
Merchant shall indemnify the Ocean Carrier against all loss,
damage or expenses resulting from inaccuracy or incompleteness
of the marks. (D) Goods that cannot be identified as to marks or
numbers, cargo sweeping liquid residue and any unclaimed goods
not otherwise accounted for may be allocated for the purpose for
completing delivery to the various Merchants of Goods of like
character in proportion to any apparent shortage, loss of weight
or damage.
20. (Delivery) (A) The Ocean Carrier shall have the right to
deliver the Goods at any time at the Vessels side, customhouse,
warehouse, wharf, or any other place designated by the Ocean
Carrier, within the geographic limits of the port of discharge
or place of delivery shown of the face of this Bill of Lading
(B) The Ocean Carrier’s responsibility shall cease when the
Goods have been delivered to the Merchant, Inland Carrier,
connecting carrier or any other person entitled to receive the
Goods on Merchant’s behalf at the place designated by the Ocean
Carrier. Delivery of the Goods to the custody of customs or any
other public authority shall constitute final discharge of the
Ocean Carrier’s responsibility. (C) In case the cargo received
by the Ocean Carrier is containers packed by or on behalf of the
Merchant (1) The Ocean Carrier shall only be responsible for
delivery of the total number of containers received (2) The
Ocean Carrier shall not be required to unpack the containers and
deliver their contents in accordance with brands, marks, numbers
sizes, to types of items or pieces (3) At the Ocean Carriers
discretion and upon the Merchant’s request in writing to the
Ocean Carrier at least 3 days prior to the scheduled date of
arrival the of Vessel at the port of discharge containers may be
unpacked and their contents delivered by the Ocean Carrier in
accordance with the written request. In such a case if the seal
of the containers is intact at the time of unpacking all the
Ocean Carrier’s obligations under this Bill of Lading shall be
deemed to have been discharged, the Ocean Carrier shall not be
responsible for any loss or damage resulting from such delivery
and the Merchants shall be liable for an appropriate adjustment
of the freight and any additional charges incurred (D) If the
Goods have been packed into a container by the Ocean Carrier,
the Ocean Carrier shall unpack the container and deliver its
contents and the Ocean Carrier shall not be required to deliver
the Goods in the container. At the Ocean Carrier’s discretion,
and subject to prior arrangement between the Merchant and the
Ocean Carrier the Goods may be delivered to Merchant in the
container, in which case if the container is delivered with
seals intact all the Ocean Carrier’s obligations under this Bill
of Lading shall be deemed to have been discharged, and the Ocean
Carrier shall not be responsible for any loss or damage to the
contents of the container. (E) Optional delivery shall be
granted only when arranged prior to the time of receipt of the
Goods by Ocean Carrier and if expressly stated on the face of
this Bill of Lading. The Merchant desiring to avail himself of
the option so expressed must give notice in writing to the Ocean
Carrier at the first port of call named in the option at least
48 hours prior to the Vessel’s arrival there, otherwise the
Goods shall be landed at any of the optional ports at Ocean
Carrier’s option, and the Ocean Carrier’s responsibility shall
then cease. (F) Ocean Carrier is not responsible to give
notification, in writing or otherwise, either to Merchant or
others, of the arrival, discharge, or disposition of Goods, any
custom or agreement to the contrary notwithstanding, and
notwithstanding any notation on the face of this Bill of Lading,
concerning notification or a notify party.
21. (On-Carriage and Forwarding) (A) Whether arranged beforehand
or not, the Ocean Carrier shall be at liberty without notice to
carry the Goods wholly or partly by the named or any other
Vessel, craft barge, or other means of transport by water, land
or air, whether or not owned or operated by the Ocean Carrier.
(B) The Ocean Carrier may under any circumstances whatsoever
discharge the Goods or any part of them at any port or place for
transshipment and store them afloat or ashore and then forward
them by any means of transport. (C) If the Goods cannot be found
at the port of discharge or place of delivery, or if they be
miscarried, they, when found, may be forwarded to their intended
port of discharge or place of delivery at the Ocean Carrier’s
expense, but the Ocean Carrier shall not be liable for any loss,
damage, delay, or depreciation arising from such forwarding. (D)
In case of Port to Port Transportation, transshipment of cargo,
or receipt of cargo from ports or inland points not including
within the ship’s itinerary or the Ocean Carrier’s service, is
to be at the sole risk and expense of the Merchant, and neither
the Ocean Carrier not its Vessel shall be deemed to be the agent
or principal of a prior or subsequent carrier notwithstanding
the issuance by the Ocean Carrier of a bill of lading, receipt,
or other shipping document at a time or place prior to that at
which the Goods are received by the Ocean Carrier
22. (Fire and Nuclear) (A) The Ocean Carrier shall not be
responsible for any loss of or damage to the Goods arising from
fire occurring at any time, even though before loading on or
after discharge from the Vessel, unless caused by the actual
fault or privity of the Ocean Carrier. (B) The Ocean Carrier
shall not be responsible for any loss of or damage to the Goods
arising from nuclear incident occurring at any time, even though
before loading on or after discharge from the Vessel, unless
caused solely by personal wilful misconduct of the Ocean
Carrier.
23. (Lien) (A) The Ocean Carrier shall have a lien on the Goods,
which shall survive delivery, for all freight, dead freight,
demurrage, damages, loss, charges, expenses, and any other sums
(including costs, customs fees, attorney fees, and other fees
for recovering the sums) chargeable to the Merchant under this
Bill of Lading and any preliminary contract for custody or
carriage of the Goods. Ocean Carrier may foreclose the lien by
selling the Goods without notice to the Merchant privately or by
public auction. If on sale of the Goods the proceeds fail to
cover the amount due and the costs and fees incurred, the Ocean
Carrier shall be entitled to recover the deficit from the
Merchant. (B) If the Goods are unclaimed during a reasonable
time, or whenever in the Ocean Carrier’s opinion the Goods will
become deteriorated, decayed or worthless, the Ocean Carrier
(without responsibility to it) may at its discretion and subject
to its lien, sell, abandon, or otherwise dispose of such Goods
at the sole risk and expense of the Merchant.
24. (Freight and Charges) (A) Freight may be calculated on the
basis of the particulars of the Goods furnished by the Merchant,
who shall be deemed to have guaranteed to the Ocean Carrier the
accuracy of the contents, weight, measure, or value as furnished
by him at the time of receipt of the Goods by the Ocean or
Inland Carrier, but the Ocean Carrier for the purpose of
ascertaining the actual particulars may at any time and at the
risk and expense of the Merchant open the container or package
and examine contents, weight, measure, and value of the Goods.
In case of incorrect declaration of the contents, weight,
measure and or value of the Goods, the Merchant shall be liable
for and bound to pay to the Ocean Carrier: (1) the balance of
freight between the freight charged and that which would have
been due had the correct details been given, plus (2) expenses
incurred in determining the correct details, plus (3) as
liquidated and ascertained damages, an additional sum equal to
the correct freight. (B) Full freight to the port of discharge
or place of delivery shall be considered as completely earned on
receipt of the Goods by the Ocean Carrier, whether the freight
be stated or intended to be prepaid or to be collected at
destination. The Ocean Carrier shall be entitled to all freight
and other charges due hereunder, whether actually paid or not
and to receive and retain such freight and charges under any
circumstances, whether the Vessel and/or the Goods be lost or
not, or the voyage be broken up, frustrated, or abandoned at any
stage of the entire transit. Full freight shall be paid on
damaged or unsound Goods. (C) The Payment of freight and/or
charges shall be made in full and in cash without any offset,
counter claim, or deduction. Where freight is payable at the
port of discharge or place of delivery, such freight and all
other charges shall be paid in the currency named in this Bill
of Lading, or, at Ocean Carrier’s option, in other currency
subject to the regulators of the freight conference concerned,
if any, or custom at the place of payment. (D) Goods once
received by the Ocean Carrier cannot be taken away or disposed
of by the Merchant except upon the Ocean Carrier’s consent and
after payment of full freight and compensation for any loss
sustained by the Ocean Carrier through such taking away or
disposal. (E) If the Goods are not available when the Vessel is
ready to load: (1) The Ocean Carrier is relieved of any
obligation to load such Goods and the Vessel may leave the port
without further notice. (2) Unless the unavailability arises in
the course of combined transport and is caused by the failure of
an Inland Carrier to perform its obligations under this Bill of
Lading, dead freight shall be paid by the Merchant. (F) The
Merchant shall be liable for and shall indemnify the Ocean
Carrier against: (1) all dues, duties, taxes, consular fees, and
other charges levied on the Goods, and (2) all fines, damages
and losses sustained by the Ocean Carrier in connection with
Goods, howsoever caused, including the Merchant’s failure to
comply with laws and regulations of any public authority in
connection with the Goods, or failure to procure consular, Board
of Health, or other certificates to accompany the Goods. The
Merchant shall be liable for return freight and changes on any
Goods refused exportation or importation by any public
authority. (G) If the Ocean Carrier is of the opinion that the
Goods are in need of sorting, inspecting, mending, repairing, or
reconditioning, or otherwise require protecting or caring for,
the Ocean Carrier at its discretion may, by itself or through
Subcontractors, and as agent for the Merchant, carry out such
work at the risk and expense of the Merchant. (H) The shipper,
consignor, consignee, owner of the Goods and holder of this Bill
of Lading shall be jointly and severally liable to the Ocean
Carrier for the payment of all freight and charges and for the
performance of the obligations of any of them under this Bill of
Lading
25. (Notice of Claim and Time for Suit against Ocean Carrier)
(A) Unless notice of loss or damage and the general nature of
such loss or damage be given in writing to the Ocean Carrier at
the port of discharge or place of delivery before or at the time
of delivery of the Goods or, if the loss or damage is not
apparent, within 3 days after delivery, the Goods shall be
deemed to have been delivered as described in this Bill of
Lading. (B) The Ocean Carrier shall be discharged from all
liability in respect of the Goods, including without limitation
non delivery, misdelivery, delay, loss, or damage, unless suit
has been brought within one year after delivery of the Goods or
the date when the Goods should have been delivered. Suit shall
not be considered to have been “brought” within the time
specified unless process shall have been served and jurisdiction
obtained over the Ocean Carrier within such time.
26. (Limitation of Liability) (A) Subject to subpart (B) below
for the purpose of determining the extent of the Ocean Carrier’s
liability for loss of or damage to the Goods, the Merchant
agrees that the value of the Goods is the Merchant’s net invoice
cost, plus freight and insurance premium, if paid. The Ocean
Carrier shall not be liable for any loss of profit or any
consequential loss. (B) Insofar as the loss of or damage to or
in connection with the Goods was caused during the part of the
custody or carriage to which the applicable version of the Hague
Rules applies: (1) The Ocean Carrier shall not be liable for
loss or damage in an amount exceeding the minimum allowable per
package or unit in the applicable version of the Hague Rules,
which when U.S. COGSA is applicable is an amount not exceeding
U.S. $500 per package or customary freight unit, unless the
value (and nature) of Goods higher than this amount has been
declared in writing by the Merchant before receipt of the Goods
by the Ocean Carrier and inserted on the face of this Bill of
Lading and extra freight has been paid as required. If the
actual value of the Goods per package or unit exceeds such
declared value, the value shall nevertheless be deemed to be the
declared value, and the Ocean Carrier’s liability, if any, shall
not exceed the declared value. Any partial loss or damage shall
be adjusted pro rata on the basis of such declared value. If the
declared value has been wilfully misstated or is markedly higher
than the actual value, the Ocean Carrier shall not be liable to
pay any compensation. (2) Where the cargo has been packed into a
container or unitized into a similar article of transport by or
on behalf of the Merchant, it is expressly agreed that the
number of such containers or similar articles of transport shown
on the face of this Bill of Lading shall be considered as the
number of the packages or units for the purpose of the
application of the limitation of liability provided for in this
Article.
27. (General Average: New Jason Clause) (A) General average
shall be adjusted, stated and settled at any port or place as
the Ocean Carrier’s option and according to the York / Antwerp
Rules, 1974 and as to matters not provided for by these Rules,
according to the laws and usages of the port or place of
adjustment and in the currency selected by the Ocean Carrier.
The general average statement shall be prepared by the adjusters
appointed by the Ocean Carrier. Average agreement or bond and
such cash deposit as the Ocean Carrier may deem sufficient to
cover the estimated contribution of the Goods and any salvage
and special charges thereon and any other additional securities
as the Ocean Carrier may require shall be furnished by the
Merchant to the Ocean Carrier before delivery of the Goods. (B)
In the event of accident, danger, damage, 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 Ocean Carrier isn’t responsible by
statue, contract, or otherwise, the Goods and the Merchant shall
jointly and severally contribute with the Ocean Carrier in
general average to the payment of any sacrifices, loss, 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 salvage ship is owned or operated by
the Ocean Carrier, salvage shall be paid for as fully and in the
same manner as if such salvaging ship belonged to strangers.
28. (Both to Blame Collision) If the Vessel 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, mariner,
pilot, or servants of the owner of the Vessel in the navigation
or in the management of the Vessel, the Merchant shall indemnify
the Ocean Carrier against all loss or liability which might be
incurred directly or indirectly to the other or non-carrying
ship or her owners insofar as such loss or liability represents
loss of or damage to his Goods or any claim whatsoever of the
Merchant paid or payable by the other or non-carrying ship or
her owners to the Merchant and set-off, recouped, or recovered
by the other or non-carrying ship or her owners as part of their
claim against the carrying Vessel or its owner. 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 of a collision contact stranding or other accident.
29. (Carriage of Metal Products, Lumber, Cotton) (A) The term
“apparent good order and condition” when used in this Bill of
Lading does not mean: (1) with reference to iron, steel, or
metal products, that the Goods when received were free from
visible rust or moisture. (2) with reference to lumber, timber,
plywood, or other wood products, that the Goods when received
were free from visible stains, discoloration, moisture, shakes,
holes, chaffed, breakage or splitting. If the Merchant so
requests a substitute bill of lading will be issued setting
forth any notations as to the foregoing that may appear on the
mate’s or tally clerk’s receipts or similar document. (B)
Description of the condition of cotton cargo does not relate to
the sufficiency or not or condition of the covering nor to any
damage, resulting therefrom. Ocean Carrier shall not be
responsible for any such damage.
30. (Grain) Discharge of grain received by the Ocean Carrier in
bulk may be in port, on barges, and or lighters, or elsewhere,
using or not using elevators, and such discharge shall
constitute a sufficient delivery by the Carrier. Thereafter said
grain shall be at the risk and expense of the Merchant.
31. (Intermodal Transportation) (A) This Bill of Lading may be
issued for Intermodal Transportation in any country. When so
issued as between the Merchant and an Inland Carrier custody and
carriage of the Goods by the Inland Carrier are subject to the
relevant laws, regulations, tariffs and bill of lading are
available from the Ocean or Inland Carrier upon request. (B)
Claims by the Merchant against an Inland Carrier for loss or
damage shall be given and suit commenced as provided in the
Inland Carrier’s applicable bill of lading
32. (Ocean Carrier’s Tariff) This Bill of Lading is subject to
the Ocean Carrier’s application tariff. Copies of the applicable
tariff are obtainable from the Ocean Carrier upon request.
33. (Severability of Terms) The terms of this Bill of Lading are
severable and if any part or term is declared invalid or
unenforceable, the validity or enforceability, of any other part
or term shall not be affected.
34. (Himalaya Clause) All exceptions, exemptions, defences,
immunities, limitations of liability, privileges and conditions
granted or provided by this Bill of Lading or by applicable
tariff or by statue or for the benefit of the Carrier shall also
apply to and for the benefit of the officers and employees of
the Carrier and the agents, officers and crew of the Vessel and
to and for the benefit of all parties performing services in
connection with the Goods as agents or contractors of the
Carrier (including, without limitation, stevedores, terminal
operators and agents) and the employees of each them.