MULTIMODAL TRANSPORT OR PORT-TO-PORT SHIPMENT
BILL OF LADING
1. APPLICABILITY
The provisions of this bill of lading shall apply irrespective of whether there is a
unimodal or a multimodal transport involving one or several modes of transport.
2. DEFINITIONS
Carrier, means the party named in the signature box on the face hereof.
Vessel, includes the vessel named on the face hereof, any feeder vessel, lighter,
barge, ship, watercraft, or any other means of water transport and any other vessel
owned, operated, chartered or employed (in whole or in part) by carrier or any subcontractor, and used in whole or in part for carriage under this bill of lading.
Shipper, means the person, named in this bill of lading as shipper, by whom or on
whose behalf the goods covered by this bill of lading are entrusted to the carrier for
transportation.
In the event of multimodal transport, the word consignor may be used instead.
Merchant, includes the shipper, consignor, consignee, owner, and receiver of the
goods and holder of the bill of lading and any one acting on behalf of them including
but not limited to agents, servants, independent contractors and freight forwarders.
Carriage, means the whole or any part of the operations and services undertaken by
carrier in respect of goods covered under this bill of lading.
Port-to-Port Shipment, means a shipment from one port to another port. The carrier
would be responsible under this bill of lading for the goods from the port of loading
indicated on the face of this bill of lading to the port of discharge indicated on the face
hereof.
Goods, means the whole or any part of the cargo accepted from the
shipper/consignor and includes the packing and any equipment or container not
supplied by or on behalf of Carrier.
Container, includes any container, trailer, transportable tank flat or pallet or any
similar article used to consolidate goods and any ancillary equipment.
Sub-Contractor, includes but is not limited to owners, operators and charterers
(time, voyage and slot) of vessels (other than the carrier) stevedores, terminal and
groupage operators, road, rail or air operators and any independent contractor
employed directly or indirectly by the carrier in performance of the carriage.
Multimodal Transport, means the carriage of the goods by at least two different
modes of transport.
Delivery of Goods, means:
(I) the handing over of the goods to the consignee, or II) the placing of the goods at
the disposal of the consignee in accordance with this bill of lading or with the law or
usage of the particular trade applicable at the place of delivery, or III) the handing
over of the goods to an authority or other third party to whom, pursuant to the law or
regulation applicable at the place of delivery , the goods must be handed over.
3. ACCEPTANCE OF THIS BILL OF LADING
In accepting this bill of lading the Merchant agrees to be bound by all its terms
conditions and limitations whether printed stamped or written on the front or back of
the bill of lading as well as the provisions of the carrier's freight rates and rules as
fully as if they were all specifically accepted in writing by the merchant even if local
customs or practice are to the contrary.
4. SCOPE OF THIS BILL OF LADING
This bill of lading evidences the contract of carriage from the time the Carrier accepts
complete custody and control of the goods at the place of receipt or the port of
loading described on the face of this bill of lading until delivery of the goods as
defined in Clause (2). 5. GOVERNING LAW AND JURISDICTION
The contract of carriage and this bill of Lading is governed by the Laws of the
Country of Registered Business Place of carrier. All claims shall be subject to the
exclusive jurisdiction of the courts of the country of registered business place of
carrier.
6. WARRANTY
The merchant warrants that in agreeing to the terms and conditions hereof he is or
has the authority to contract on behalf of the person owning or entitled to possession
of the goods and this bill of lading.
7. SUB-CONTRACTING INDEMNITY AND CERTAIN DEFENSES
EXEMPTIONS AND LIMITATIONS
(a) The carrier shall be entitled to sub-contract the carriage on any terms whatsoever
the whole or any part of the carriage.
The merchant undertakes that no claim or allegation whatsoever shall be made
against any person whomsoever by whom the carriage is performed or undertaken
(including but not limited to the carrier’s servants agents or sub-contractors) other
than the carrier which imposes or attempts to impose upon any such person or any
vessel owned by any such person any liability whatsoever in connection with the
goods or the carriage of the goods whether or not arising out of negligence on the
part of such person and if any such claim or allegation should nevertheless be made
the merchant will indemnify the Carrier against all consequences thereof. Without
prejudice to the foregoing every such person or vessel shall have the benefit of every
right defence limitation and liberty of whatsoever nature herein contained or
otherwise available to the carrier (including but not limited to Clause 5 hereof) as if
such provisions were expressly for his benefit and in entering into this contract the
carrier to the extent of these provisions does so not only on his own behalf but also
as agent and trustee for such persons or vessel.
(b) The merchant 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 bill of Lading which imposes or attempts to impose
upon the carrier any liability whatsoever in connection with the goods or the carriage
of the goods whether or not arising out of negligence on the part of the carrier and if
any such claim or allegation should nevertheless be made to indemnify the carrier
against all consequences thereof.
8. CARRIER’S RESPONSIBILITY: PORT-TO- PORT SHIPMENT
(a) Where the carriage is Port-to-Port then the liability (if any) of the carrier for loss of
or damage to the goods occurring between the time of loading at the port of loading
and the time of discharge at port of discharge shall be determined in accordance with
clause (5) in particular Hague Rules contained in the International Convention for the
Unification of Certain Rules relating to Bills of Lading dated Brussels 25
th
August
1924,as enacted in the Iranian Maritime Code by statute of 24
th
January 1965.
(b) In no event shall the carrier be liable for damage to and loss of goods prior to
loading or after discharge not even if such damage or loss is due to the negligence of
his servants. And the carrier's liability shall in no event commence before the goods
have been loaded over ship's rail and shall cease at the latest when goods have
passed ship's rail upon discharge. The merchant shall be required to prove that the
goods were damaged within the period of responsibility.
9. CARRIER'S RESPONSIBILITY- MULTIMODAL TRANSPORT
If carriage is multimodal transport, the carrier undertakes to perform and/or in his own
name to procure performance of the carriage from the place of receipt or the port of
loading whichever is applicable to the port of discharge or the place of delivery
whichever is applicable and save as is otherwise provided for in this bill of lading the
carrier shall be liable for loss of or damages to the goods or delay occurring during
the carriage only to the extent set out below:
(a) (Responsibility When Loss Or Damage Proven To Have Occurred During
Water Carriage): The carrier’s responsibility if any for any loss of or damage to the goods proven to have taken place during water carriage shall be governed by the
International Convention for the Unification of Certain Rules Relating to Bills of
Lading dated Brussels 25 August 1924 (Hague Rules) as enacted in the Iranian
Maritime Code by Statute of 24
th
January 1965.
(b) (Responsibility Other Than During Water Carriage): The carrier's liabilities (if
any) and limitations and defenses for any loss of or damage to goods proven by the
merchant to have taken place during any period other than water carriage shall be
governed by the relevant provisions of the country of registered business place of the
carrier, the applicable International Conventions which are: "Convention on the
Contract for International Carriage of Goods by Road (CMR)", " International
Convention concerning the Carriage of Goods by Rail (CIM)" and “Convention for the
Unification of Certain Rules Relating to International Carriage by Air, signed at
Warsaw on 12 October 1929, Warsaw Convention 1929", all as ratified by I.R of Iran
and in so far as they are compulsorily applicable to any carriage undertaken by the
carrier.
(c) (Responsibility When Stage Of Carriage During Which Loss or Damage
Occurred Is Unproven): If Merchant does not prove the stage of carriage during
which loss or damage occurred then it is assumed that such loss or damage
occurred during port to port carriage so the Hague Rules shall apply as provided in
Clause 9 (a).
10. SUNDRY LIABILITY PROVISIONS
(a) Delay; (I) Unless Clause 30 applies 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. Besides the carrier shall in no circumstances
whatsoever and howsoever arising be liable for direct, indirect or consequential loss
or damage caused by delay. (II) However if Clause 30 applies, the carrier shall be
entitled to all the defenses exceptions and limitations provided in the applicable
international convention or national law and this bill of Lading.
(b) Inspection by Authorities; If by order of the authorities at any place a container
has to be opened for the goods to be inspected the carrier will not be liable for any
loss, damage or delay incurred as a result of any opening, unpacking, inspection or
repackaging. The carrier shall be entitled to recover the cost of such opening,
unpacking, inspection and repackaging from the merchant.
11. SHIPPER-PACKED CONTAINERS
If a container has not been packed by or on behalf of the carrier:
(a) The carrier shall not be liable for loss, damage or delay to the goods caused by
matters beyond his control including inter alias without prejudice to the generality of
this exclusion: (I) The manner in which the container has been packed or (II) The
unsuitability of the goods for carriage in the container supplied or (III) The
unsuitability or defective condition of the container or the incorrect setting of any
temperature controls thereof: provided that if the container has been supplied by or
on behalf of the carrier this unsuitability defective condition or incorrect setting could
have been apparent upon inspection by the merchant at or prior to the time when the
container was packed or (IV) Packing temperature controlled goods that are not at
the correct temperature for carriage.
(b) The shipper is responsible for the packing and sealing of all Shipper-Packed
containers and if a Shipper-Packed container is delivered by the carrier with its
original seal as affixed by the shipper intact the carrier shall not be liable for any
shortage of goods and /or discrepancy in outturn of contents unknown to him even if
specified overleaf. If nevertheless a claim is made against the carrier by any person
whomsoever, the merchant agrees to indemnify the carrier against the cost of any
such claims plus any costs incurred in this respect thereof.
(c) The merchant shall indemnify the carrier against any loss, damage, liability or
expense whatsoever and howsoever arising caused by one or more of the matters
referred to in Clause 11(a), save that if the loss, damage, liability or expense was
caused by a matter referred to in clause 11(a)(III), the merchant shall not be liable to indemnify the carrier in respect thereof unless the proviso referred to in that clause
applies. .
12. INSPECTION OF GOODS
The carrier or any person to whom the carrier has sub-contracted the carriage or any
person authorized by the carrier shall be entitled but under no obligation to open any
container or package at any time and to inspect, weigh and/or measure the goods
and/or weigh the container.
13. CARRIAGE AFFECTED BY CONDITION OF GOODS
If it appears at any time that due to their condition the goods cannot safely or
properly be carried further either at all or without incurring any additional expense or
taking any measure in relation to the container or the goods, the carrier may without
notice to the merchant (but as his agent only) take any measure and/or incur any
additional expense to carry or to continue the carriage thereof and/or sell or dispose
of the goods and/or abandon the carriage and/or store them ashore or afloat under
cover or in the open at any place whichever the carrier in his absolute discretion
considers most appropriate which abandonment, storage, sale or disposal shall be
deemed to constitute due delivery under this bill of lading. The merchant shall
indemnify the carrier against any additional expense incurred.
14. SHIPPER’S/ MERCHANT’S RESPONSIBLITY
(a) All of the persons coming within the definition of merchant in clause 2 shall be
jointly and severally liable to the carrier for the due fulfillment of all obligations
undertaken by the merchant in this bill of lading and remain so liable throughout
carriage notwithstanding their having transferred this bill of lading and/or title to the
goods to another party.
(b) The shipper warrants to the carrier that the particulars relating to the goods as set
out overleaf have been checked by the shipper on receipt of this bill of lading and
that such particulars and any other particulars furnished by or on behalf of the
shipper are adequate and correct. The shipper also warrants that the goods are
lawful goods and contain no contraband. If the container is not supplied by or on
behalf of the carrier the shipper further warrants that the container meets all ISO
and/or other (inter-) national safety standards and is fit in all respects for carriage by
the carrier.
(c) The merchant shall indemnify the carrier against all claims, losses, damages fines
and expenses arising or resulting from any breach of any of the warranties in Clause
14(b) hereof or from any other cause in connection with the goods for which the
carrier is not responsible.
(d) The merchant shall comply with all regulations or requirements of customs ports
and other authorities and shall bear and pay all duties, taxes, fines imposts expenses
or losses (including without prejudice to the generality of the foregoing freight for any
additional carriage undertaken) incurred or suffered in respect of the goods and shall
indemnify the carrier in respect thereof.
(e) If containers supplied by or on behalf of the carrier are unpacked at the
merchant’s premises the merchant is responsible for returning the empty containers
free from labels etc. with interiors brushed clean, odor free and in every respect fit for
immediate reuse to the point or place designated by the carrier, his servants or
agents within the time prescribed. Should a container not be returned as required
above within the time prescribed the carrier is entitled to take such steps as he
considers appropriate for the account of the merchant and the merchant shall be
liable for any detention loss or expense incurred as a result thereof.
(f) Containers released into the care of the merchant for packing unpacking or any
other purpose whatsoever are at the sole risk of the merchant until redelivered to the
carrier. The merchant shall also indemnify the carrier for any loss, damage, injury,
fines or expenses caused or incurred by such containers whilst in his control.
15. MERCHANTS DESCRIPTION
(a) The merchant’s description of the goods stuffed in a sealed container by the
merchant or on his behalf shall not be binding on the carrier and the description declared by the merchant on the front of this bill of lading is information provided by
the merchant solely for its own use including but not limited to the use of its freight
forwarder. It is understood by the merchant that the carrier has not verified the
contents, weight or measurement of a sealed container and the carrier makes no
representation as to the contents of a sealed container, van, crate or box hereunder
nor its weight or measurement nor the value quantity, quality description, condition,
marks or number of the contents thereof. The carrier shall be under no responsibility
whatsoever in respect of such description or particulars.
(b) If any particulars of any letter of credit and/or import license and/or sales contract
and/or invoice or order number and/or details of any contract to which the carrier is
not a party are shown on the front of this bill of lading, such particulars are included
solely at the request of the merchant for its convenience. The merchant agrees that
the inclusion of such particulars shall not be regarded as a declaration of value and
shall in no way affect the carrier’s liability under this bill of lading. The merchant
acknowledges that except as provided for in Clause 28 (c) hereof the value of the
goods is unknown to carrier.
16. FIRE
Neither the carrier nor any party participating in the performance of the contracts of
carriage evidenced by this bill of lading is liable for any loss or damage caused by fire
unless such fire or the failure properly to extinguish it was caused by the actual fault
or privity of the carrier.
17. FREIGHT AND CHARGES
(a) Freight shall be deemed fully earned on receipt of the goods by the carrier and
shall be payable, ship or cargo lost or not lost and not returnable in any event. The
carrier's claim for any charges under this contract shall be considered definitely
payable in like manner as soon as the charges have been incurred. Interest at 15%
per annum or pro rata shall run from the date when freight and charges are due.
(b) The merchant’s attention is drawn to the stipulations concerning currency in
which the freight is to be paid, rate of exchange, devaluation and other contingencies
relative to the applicable freight.
(c) Freight has been calculated on the basis of particulars furnished by or on behalf
of the shipper and for the purpose of verifying the freight basis, the carrier reserve
the right to have the contents of the containers, trailers or similar articles of transport
inspected in order to ascertain the weigh, measurement, value or nature of the
Goods. If the particulars furnished by or on behalf of the shipper are incorrect it is
agreed that a sum equal to double the correct freight less the freight charged shall be
payable as liquidated damages to the carrier.
(d) All freight shall be paid without any set-off, counter-claim, deduction or stay of
execution before delivery of the goods.
(e) The parties defined as merchants in clause 2 hereof shall where applicable be
jointly and severally liable to the carrier for payment of all freight, demurrage, general
average and charges including but not limited to court costs, expenses and
reasonable attorney’s fees incurred in collecting sums due the carrier failing which
shall be considered a default by the merchant in the payment of freight and charge.
(f) Payment of freight and charges to any freight forwarder or broker or anyone other
the carrier or its authorized agent shall not be considered payment to the carrier and
shall be made at the merchant’s sole risk.
(g) All dues, taxes and charges levied on the Goods and other expenses in
connection therewith shall be paid by the Merchant.
18. LIEN
The carrier shall have a lien on the goods and any documents for outstanding
charges whether freight, dead freight, demurrage, General Average or any other
expenses under this contract. The carrier shall also have a lien against the merchant
on the goods and any documents relating thereto for all sums due from him to the
carrier under any other contract. The carrier may exercise his lien at any time and at
any place at his sole discretion whether the contractual Carriage is completed or not. In any event any lien shall extend to cover the cost of recovering the sums due and
for that purpose the carrier shall have the right to sell the goods by public auction or
private treaty without notice to the merchant at any time and at any place at the sole
discretion of the carrier.
19. OPTIONAL STOWAGE AND DECK CARGO
(a) The goods may be packed by the carrier in containers and consolidated with
other goods in containers.
(b) Goods whether or not packed in containers may be carried on deck or under deck
at the sole discretion of the carrier without notice to the merchant. All such goods
whether carried on deck or under deck shall participate in general average and shall
be deemed to be within the definition of goods for the purposes of the Hague Rules
and shall be carried subject to those Rules.
(c) Notwithstanding Clause 19 (b) in the case of goods which are stated on the face
hereof as being carried on deck and which are so carried the Hague Rules shall not
apply and the carrier shall be under no liability whatsoever for loss damage or delay
howsoever arising whether or not caused by negligence on the part of the carrier his
servants agents or sub-contractors.
20. LIVE ANIMALS
The Hague Rules shall not apply to the carriage of live animals, which are carried at
the sole risk of the merchant. The carrier shall be under no liability whatsoever for
any injury illness death delay or destruction to such live animals howsoever arising.
Should the master in his sole discretion consider that any live animal is likely to be
injurious to any other live animal or any person or property on board or to cause the
vessel to be delayed or impeded in the prosecution of its voyage then such live
animal may be destroyed and thrown overboard without any liability attaching to the
carrier. The merchant shall indemnify the carrier against all or any extra costs
incurred for any reason whatsoever in connection with the carriage of any live animal.
21. METHODS AND ROUTES OF TRANSPORTATION
(a) The carrier may at any time and without notice to the merchant:
I) use any means of transport or storage whatsoever;
II) transfer the goods from one conveyance to another;
III) transship the goods;
IV) undertake the carriage of the goods on a vessel or vessels in addition to and/or
other than that named on the face hereof;
V) unpack and remove goods which have been packed into container and forward
the same in a container or otherwise;
VI) proceed by any route in its discretion (whether or not the nearest or most direct or
customary or advertised route) at any speed and proceed to or stay at any place or
port whatsoever once or more often and in any order;
VII) load or unload the goods at any place or port (whether or not such port is named
overleaf as the port of loading or port of discharge) and store the goods at any such
place or port;
VIII) comply with any orders or recommendations given by any government or
authority or any person or body acting or purporting to act as or on behalf of such
government or authority or having under the terms of the insurance on the
conveyance employed by the carrier the right to give orders or directions’
IX) permit the vessel to proceed with or without pilots to tow or be towed or to be drydocked;
(b) The liberties set out in Clause 21(a) may be invoked by the carrier for any
purpose whatsoever whether or not connected with the carriage of the goods
including loading or unloading other goods bunkering undergoing repairs adjusting
instruments picking up or landing persons involved with the operation or maintenance
of the vessel in all situations. Anything done in accordance with Clause 21(a) or any
delay arising there from shall be deemed to be within the contractual carriage and
shall not be a deviation.
22. MATTERS AFFECTING PERFORMANCE If at any time, the carriage, the vessel or other goods on board the vessel are or are
likely to be affected by any hindrance risk delay difficulty or disadvantage of any kind
and howsoever arising (even though the circumstances giving rise to such hindrance
risk delay difficulty or disadvantage existed at the time this contract was entered into
or the goods were received for carriage or later on) the carrier (whether or not the
carriage is commenced) may without prior notice to the merchant and at the sole
discretion of the carrier either :
(a) Carry the goods to the contracted port of discharge or place of delivery whichever
is applicable by an alternative route to that indicated in this bill of lading or that which
is usual for goods consigned to that port of discharge or place of delivery. If the
carrier elects to invoke the terms of this Clause 22(a) then notwithstanding the
provisions of Clause 21 hereof: he shall be entitled to charge such additional freight
as the carrier may determine; or
(b) Suspend the carriage of the goods and store them ashore or afloat upon the
terms of this bill of lading and endeavor to forward them as soon as possible but the
carrier makes no representations as to the maximum period of such suspension of
carriage. If the carrier elects to invoke the terms of this Clause 22 (b) then
notwithstanding the provisions of Clause 21 hereof; he shall be entitled to charge
such additional freight as the Carrier may determine; or
(c) Abandon the carriage of the goods and place them at the merchant’s disposal at
any place 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 on the goods received for Carriage and
merchant shall pay any additional costs of the carriage and delivery and storage at
such place or port; If the carrier elects to use an alternative route under Clause 22 (a)
or to suspend the Carriage under Clause 22 (b) this shall not prejudice his right
subsequently to abandon the carriage.
23. DANGEROUS GOODS
At the time of shipment of dangerous goods the merchant shall in compliance with
the regulations governing the carriage of such goods have the same properly packed
distinctly marked and labeled (including the container/s) and notify the carrier in
writing of their proper description nature and the precautions to be taken. In case the
merchant fails to or inaccurately notifies the carrier , the carrier may give such goods
landed destroyed or rendered innocuous when and where circumstances so require
without compensation. The merchant shall be liable to the carrier for any loss
damage or expense resulting from such shipment.
Notwithstanding the carrier’s knowledge of the nature of the dangerous goods and its
consent to carry the carrier may still have such goods landed destroyed or rendered
innocuous without compensation whenever goods are perceived or are discovered to
pose a threat to vessel any other means of transport cargoes properties or etc.
However what mentioned in this Clause shall not prejudice the contribution in
General Average if any.
24. NOTIFICATION AND DELIVERY
(a) Any mention in this bill of lading of parties to be notified of the arrival of the goods
is solely for information of the carrier and failure to give such notification shall not
involve the carrier in any liability nor relieve the merchant of any obligation there
under.
(b) The merchant shall take delivery of the goods as soon as ready to be delivered. If
the merchant fails to do so the carrier shall be entitled without notice to unpack the
goods if packed in containers and/or to store the goods ashore afloat in the open or
under cover at the sole risk of the merchant, such storage shall constitute due
delivery here under and thereupon the liability of the carrier in respect of the goods
stored as aforesaid shall wholly cease and the costs of such storage (if paid or
payable by the carrier or any agent or sub-contractor of the carrier) shall forthwith
upon demand be paid by the merchant to the carrier. (c) If the merchant fails to take delivery of the goods within thirty days of delivery
becoming due under Clause 24(b) or if in the opinion of the carrier they are likely to
deteriorate decay become worthless or incur charges whether for storage or
otherwise in excess of their value the carrier may without prejudice to any other rights
which he may have against the merchant without notice and without any
responsibility whatsoever attaching to him sell destroy or dispose of the goods and
apply and proceeds of sale in reduction of the sums due to the carrier from the
merchant.
(d) Refusal by the merchant to take delivery of the goods in accordance with the
terms of this clause and/or to mitigate any loss or damage thereto shall constitute a
waiver by the merchant to the carrier of any claim whatsoever relating to the goods or
the carriage thereof.
(e) In the event of the carrier agreeing to a request of the merchant to amend the
place of delivery stated herein without stipulating any particular terms and conditions
to apply during said amended carriage to the extent accepted by the carrier, the
terms and conditions of this bill of lading shall continue to apply but only until the
goods are delivered by the carrier to the merchant at the amended place of delivery.
Once the applicable Tariff ceases to provide for the continued application of the
terms and conditions of the bill of lading or if the carrier declines to extend the bill of
lading terms to the amended place of delivery then the carrier shall act as agent only
of the merchant in arranging for delivery of the goods to the amended place of
delivery but shall then be under no liability whatsoever for loss damage or delay to
the goods howsoever arising for the period of amended carriage. If the carrier agrees
to make multiple point deliveries of an FCL Container this contract terminates upon
presentation of the sealed container at the first place of delivery. Thereafter the
carrier acts as agent only to arrange any further deliveries.
(f) If at the place where the carrier is entitled to deliver the cargo under Clause 24(b),
the carrier is obliged to hand over the goods into the custody of any customs, port or
other authority such hand-over shall constitute due delivery to the merchant under
this bill of lading.
(g) This bill of lading shall not be a negotiable document of title unless consigned “to
order” to the order of ‘...’ or ‘ to bearer’. If not so consigned but instead consigned
directly to a nominated party this shall be a ‘straight’ bill and at the sole discretion of
the carrier delivery may be made to the nominated party only upon proof of identity
as if this bill of lading were a waybill. Such delivery shall constitute due delivery
hereunder.
25. FCL MULTIPLE BILLS OF LADING
(a) Goods will only be delivered in a container to the merchant if all bills of lading in
respect of the contents of the container have been surrendered authorizing delivery
to a single place of delivery in the event that this requirement is not fulfilled the carrier
may unpack the container and in respect of goods for which bills of Lading have been
surrendered deliver them to the merchant on an LCL basis such delivery shall
constitute due delivery hereunder but will only be effected against payment by the
merchant of LCL service charges and any charges appropriate to LCL goods
together with the actual costs incurred for any additional services rendered.
(b) If this is an FCL multiple bill of lading (as evidenced by the qualification of the tally
acknowledged overleaf to the effect that it is " One of several part-cargoes in the
container") then the goods detailed overleaf are said to comprise part of the contents
of the container indicated. If the carrier is required to deliver the goods to more than
one merchant and if all or part of the total goods within the container consists of bulk
goods or inappropriate goods or is or becomes mixed or unmarked or unidentifiable
the holders of bills of Lading relating to goods within the container shall take delivery
thereof (including any damaged portion) and bear any shortage in such proportions
as the carrier shall in his absolute discretion determine. Such delivery shall constitute
due delivery hereunder.
26. GENERAL AVERAGE & SALVAGE (a) General average is to be adjusted in any currency and at any place in the carrier’s
option, and to be settled accordingly to the York Antwerp Rules of 1974. Adjuster to
be appointed by the carrier. Any claims and/or disputes relating to General Average
shall be exclusively subject to English law and jurisdiction. Any period of time bar
whether provided by statute law, contract or otherwise shall commence to run from
the date upon which the General Average adjustment is issued.
(b) The Merchants, if required have to declare the value of the goods in order to
determine their contribution towards General Average, to sign an Average Bond
and/or to render sufficient security or deposit. Furthermore, they are at any time
obliged to make contributions in the currency of the average adjustment. If the
Carrier delivers the Goods without obtaining security for G.A. contributions, the
Merchant by taking delivery of the goods, undertakes personal responsibility to pay
such contributions and to provide such cash deposit or other security for the
estimated amount of such contributions as the Carrier shall responsibly require. The
same to apply to any contribution of the goods in respect of any salvage and/or
special charges.
(c) The carrier is authorized to appoint a surveyor to estimate the value of the ship for
General Average purpose, such valuation being binding upon the parties thereto.
(d) (New Jason Clause) 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 carrier is not
responsible by statute, contract or otherwise the Merchants shall contribute with the
carrier in General Average to the payment of any sacrifice losses or expenses of
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 vessel is owned or
operated by the Carrier, salvage shall be paid for as fully as if the salving vessel or
vessels belonged to strangers.
(e) The Carrier shall in no event be liable to indemnify the Merchants for their
contribution in General Average, unless the General Average occurrence has been
caused by the Carriers personal gross negligence.
(f) Conversion into the currency of the adjustment shall be calculated at the rate
prevailing on the date of payment for disbursements and on the date of completion of
discharge of the Vessel for allowances contributory values etc.
(g) In the event that the Carrier (or any other party entitled to do so) exercises a lien
on cargo in respect of General Average, Salvage or Special Charges pending the
provision of satisfactory security, all costs of storage and similar charges shall be for
the account of the Merchant.
(h) In the event of the master in his sole discretion or in consultation with owners
considering that salvage services are needed the merchant agrees that the master
may act as his agent to procure such services to goods and that the carrier may act
as his agent to settle salvage remuneration without any prior consultation with the
merchant in both cases.
(i) If the merchant contests payment of contribution to general average salvage,
salvage charges and/or special charges to goods on any grounds whatsoever or fails
to make payment of contribution within three months of the issue of the adjustment
thereof whether or not prior security has been provided the merchant shall pay
interest for the period in excess of three months on the contribution due at two
percent per annum above the base lending rate of the central bank of the country in
whose currency the adjustment is issued in additional to the contribution due.
(j) In the event of any general average credit balances due to merchant still being
unclaimed 5 years after the date of issue of the adjustment these shall be paid to the
carrier who will hold such credit balances pending application by the merchants
entitled thereto.
(k) In addition to the circumstances dealt with in the York-Antwerp Rules, it is agreed
that if the CTO has used due diligence in the stowage of the Container(s) and if the
prosecution of the voyage is thereafter in peril in consequence of the disturbance of stowage, the cost of handling, discharge, re-loading and re-stowing Containers shall
be allowed in General Average even though the handling of sound Containers is not
necessary for the purpose of effecting repairs to the vessel.
(l) The Carrier has no obligation to declare G.A., nor to exercise any lien for G.A.
contributions due to the Merchant.
27. NOTICE OF CLAIM AND TIME FOR SUIT AGAINST CARRIER
(a) Unless notice of loss or damage and the general nature of such loss or damage
be given in writing to the carrier at the port of discharge or place of delivery before or
at the time of delivery of goods or if the loss or damage be not apparent within 3 days
after delivery goods shall be deemed to have been delivered as described in this bill
of lading.
(b) In any event the carrier shall be discharged from all liability in respect of nondelivery misdelivery delay loss or damage unless suit is brought within one year after
delivery of goods or the date when goods should have been delivered.
(c) Notwithstanding (b) above with respect of any non-delivery misdelivery delay loss
or damage which may have occurred during other than water carriage the merchant
must file a claim with carrier within 9 months after delivery of the goods or the date
when the goods should have been delivered failing which the carrier will be
discharged of all liability thereof.
28. LIMITATION OF LIABILITY
(a) Nothing in this bill of Lading shall operate to limit or deprive carrier of any
statutory protection or exemption or limitation of liability authorized by any applicable
law statute or regulations of any country.
(b) It is agreed by the merchant that the carrier qualifies and shall be regarded as a
person entitled to limit liability under any applicable convention on the limitation of
liability for any claims notwithstanding that carrier may have secured space on board
the relevant vessel by means of a slot charter bill of lading waybill or other form of
contract of carriage. Subject to any law compulsorily applicable to carriage to the
contrary and save to that extent the fund to which carrier may limit its liability in
respect of all claims arising out of an incident shall be that part or proportion of the
limitation fund applicable to the actual carrier that is available for carrier’s claims
against the actual carrier.
(c) Neither the carrier nor the ship shall in any event be or become liable for any loss
of or damage to or in connection with goods in an amount exceeding 100 Pounds
Sterling per package or unit unless the nature and value of such goods have been
declared by the merchant before shipment and inserted in the bill of lading and extra
freight paid, but a declaration of value for the purpose of calculation of freight shall
not be considered a declaration in the above sense. This limitation of liability shall
apply to all contractual claims and claims in tort as well as to any claim arising from
other causes. Where a container pallet or similar article of transport is used to
consolidate goods such article of transport shall be considered the package or unit.
(d) Compensation shall be calculated by reference to the value of the goods at the
place and time they are delivered to the merchant or at the place and time they
should have been delivered. For the purpose of determining the extent of the carrier’s
liability for loss damage or delay to the goods the sound value of the goods is agreed
to be the FOB/FCA invoice value plus freight and insurance if paid.
(e) If a merchant has a shortage in goods or numbers shipped under a bill of Lading
the carrier in the exercise of his discretion may deliver as substitute goods of similar
kind and quality whether these goods have different marks and numbers or no marks
and numbers at all and the merchants have to accept such replacement of goods as
correct delivery according to the bill of lading.
29. VARIATION OF THE CONTRACT
No servant or agent of the carrier shall have the power to waive or vary any of the
terms of this bill of lading unless such waiver or variation is in writing and is
specifically authorized or ratified in writing by the carrier.
30. VALIDITY In the event that anything herein contained is inconsistent with any applicable
international convention or national law which cannot be departed from by private
contract the provisions hereof shall to the extent of such inconsistency but no further
be null and void.
31. NON- VESSEL-OPERATING COMMON CARRIERS
If this bill of lading is accepted by a merchant acting as a non-vessel-operating
common carrier (NVOCC) who has in turn concluded other contracts of carriage with
third parties the NVOCC hereby warrants that the contracts concluded by him in
respect of the goods subject to this bill of lading shall incorporate the terms and
conditions of this bill of lading .The NVOCC further warrants to indemnify the carrier
its servants agents and sub-contractors against all consequences of his failure to do
so.
32. 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, mariner, pilot 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 or non - carrying ship or her owners in so far as such loss or liability represents
loss of, or damage to, or any claim whatsoever of the owners of said goods, paid or
payable by the other non-carrying ship or her owners to the owners of 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.
33. CHARTERPARTY BILL OF LADING
In case the bill of lading is subject to terms and conditions of a charter party and any
one of same should be repugnant to the compulsory rules of legislation and or
jurisdiction as referred to in clause 5 of this bill of lading, such terms shall be void to
that extent, but no further as far as the relation between the carrier and third parties
as holders of the bill of lading is concerned.