Terms and Conditions

In this Bill of Lading the word:

1. DEFINITIONS
Carrier Means the party named in the Signature Box on the face hereof.
Merchant Includes any Person who at any time has been or becomes the Shipper !older
"onsignee #ecei$er of the %oods any Person who owns or is entitled to the possession of the
%oods or of this Bill of Lading and any Person acting on behalf of any such Person.
Holder Means any Person for the time being in possession of &or entitled to the possession
of' this Bill of Lading.
Person Includes an indi$idual group company or other entity.
Sub-Contractor Includes &but is not limited to' owners and operators of any $essels &other
than the "arrier' ste$edores terminal and groupage operators road rail and air transport
operators and any independent contractor employed by the "arrier in performance of the
"arriage and any sub(sub(contractors thereof.
Indemni! Includes defend indemnify and hold harmless whether or not the obligation to
indemnify arises out of negligent or non(negligent acts or omissions of the "arrier his
ser$ants agents or Sub("ontractors.
"oods Means the whole or any part of the cargo recei$ed from the Shipper and includes the
pac)ing and any e*uipment or "ontainer not supplied by or on behalf of the "arrier.
Container Includes any container trailer transportable tan) flat or pallet or any similar
article used to consolidate goods and any ancillary e*uipment.
Carria#e Means the whole or any part of the operations and ser$ices underta)en by the
"arrier in respect of the %oods co$ered by this Bill of Lading.
Port o $oadin# Means any port at which the %oods are loaded on board any +essel
&which may not necessarily the +essel named o$erleaf' for "arriage under this Bill of Lading
Port o Dischar#e Means any port at which the %oods are discharged from any +essel
&which may not necessarily the +essel named o$erleaf' after "arriage under this Bill of
Lading.
%essel Means any waterborne craft used in the "arriage under this Bill of Lading which
may be a feeder $essel or an ocean $essel.
Combined Trans&ort ,rises if the Place of #eceipt and-or the Place of .eli$ery are
indicated on the face hereof in the rele$ant spaces.
Port to Port ,rises if the "arriage is not "ombined /ransport.
1
Shi&&ed on 'oard #elates only to the "ontainer into which the %oods are manifested.
Frei#ht Includes all charges payable to the "arrier in accordance with the applicable /ariff
and this Bill of Lading.
Ha#ue (ules Means the pro$isions of the International "on$ention for the 0nification of
"ertain #ules relating to Bills of Lading signed at Brussels on 12th ,ugust 1314 and includes
the amendments by the Protocol signed at Brussels on 15rd 6ebruary 1378 but only if such
amendments are compulsorily applicable to this Bill of Lading. &It is expressly pro$ided that
nothing in this Bill of Lading shall be construed as contractually applying said #ules as
amended by said Protocol'.
)* C+((IE(,S T+(IFF
/he terms and conditions of the "arrier9s applicable /ariff are incorporated herein. Particular
attention is drawn to the terms and conditions therein relating to container and $ehicle
demurrage "opies of the rele$ant pro$isions of the applicable /ariff are obtainable from the
"arrier or his agents upon re*uest. In the case of inconsistency between this Bill of Lading and
the applicable /ariff this Bill of Lading shall pre$ail.
-* .+((+NT/
/he Merchant warrants that in agreeing to the terms and conditions hereof he is or has the
authority of the Person owning or entitled to the possession of the %oods and this Bill of
Lading
0* S1'-CONT(+CTIN" +ND INDEMNIT/
&1' /he "arrier shall be entitled to sub(contract the "arriage on any terms whatsoe$er.
&1' /he Merchant underta)es that no claim or allegation shall be made against any Person
whomsoe$er by whom the "arriage is performed or underta)en &including all Sub("ontractors
of the "arrier' other than the "arrier which imposes or attempts to impose up on any such
Person or any $essel owned by any such Person any liability whatsoe$er in connection with
the %oods or the "arriage of the %oods whether or not arising out of negligence on the part of
such Person and if any such claim or allegation should ne$ertheless be made the Merchant
will indemnify the "arrier against all conse*uences thereof. :ithout pre;udice to the foregoing
e$ery such Person or $essel shall ha$e the benefit of e$ery right defence limitation and
liberty of whatsoe$er nature herein contained or otherwise a$ailable to the "arrier &including
but not limited to "lause 14 hereof' as if such pro$isions were expressly for his benefit and in
entering into this contract the "arrier to the extent of these pro$isions does so not only on his
own behalf but also as agent and trustee for such Persons or $essel.
&5' /he pro$isions of "lause 4 &1' including but not limited to the underta)ings of the
Merchant contained therein shall extend to claims or allegations of whatsoe$er nature against
other Persons chartering space on the carrying +essel
&4' /he Merchant further underta)es that no claim or allegation in respect the %oods shall be
made against the "arrier by any Person other than in accordance with the terms and
conditions of this Bill of Lading which imposes or attempts to impose upon the "arrier any
liability whatsoe$er in connection with the %oods or the "arriage of the %oods whether or not
1
arising out of negligence on the part of the "arrier and if any such claim or allegation should
ne$ertheless be made to indemnify the "arrier against all conse*uences thereof.
2* C+((IE(,S (ESPONSI'I$IT/
Port-to-Port Shi&ment
If "arriage is Port(to(Port the liability &if any' of the "arrier for loss damage or delay to the
%oods occurring from and during loading onto any +essel up to and during discharge from
that +essel or from another +essel into which the %oods ha$e been transhipped shall be
determined in accordance with any national law ma)ing the !ague #ules compulsorily
applicable to this Bill of Lading or in any other case in accordance with the !ague #ules
,rticles 1(8 inclusi$e only.
0nless "lause 12 applies the "arrier shall be under no liability whatsoe$er for loss damage or
delay to the %oods howsoe$er occurring if such loss damage or delay arises prior to loading
onto or subse*uent to discharge from a +essel. <otwithstanding the abo$e in case and to the
extent that any applicable law pro$ides for any additional period of responsibility the "arrier
shall ha$e the benefit of e$ery right defence limitation and liberty in the !ague #ules as
applied by this clause during that period notwithstanding that the loss damage or delay did
not occur at sea.
In the e$ent of the %oods being discharged at a port other than the Port of .ischarge
nominated in this Bill of Lading and forwarded to the nominated Port of .ischarge by
whate$er means the !ague #ules as referred to in chapter 1 of this clause shall continue to
apply until deli$ery at the nominated Port of .ischarge &or elsewhere' notwithstanding that
"arriage may not be by sea.
3* C+((IE(,S (ESPONSI'I$IT/
Combined Trans&ort
If "arriage is "ombined /ransport the "arrier underta)es to perform and-or in his own name
to procure performance of the "arriage from the Place of #eceipt or the Port of Loading
whiche$er is applicable to the Port of .ischarge or the Place of .eli$ery whiche$er is
applicable and sa$e as is otherwise pro$ided for in this Bill of Lading the "arrier shall be
liable for loss damage or delay occurring during the "arriage only to the extent set out below.
456 I the sta#e o the Carria#e durin# 7hich loss8 dama#e or dela! occurred is not 9no7n
&a' =xclusions If the stage of the "arriage during which the loss damage or delay occurred is
not )nown the "arrier shall be relie$ed of liability for any loss damage or delay if such loss
damage or delay was caused by:
&i' an act or omission of the Merchant &ii' insufficiency of or defecti$e condition of pac)ing or
mar)ing &iii' handling loading stowage or unloading of the %oods by or on behalf of the
Merchant &See "lause 8' &i$' inherent $ice of the %oods &$' stri)e loc)(out stoppage or
restraint of labour from whate$er cause whether partial or general &$i' a nuclear incident
&$ii' any cause or e$ent which the "arrier could not a$oid and the conse*uences whereof he
could not pre$ent by the exercise of reasonable diligence &$iii' any act or omission of the
5
"arrier the conse*uences of which he could not reasonably ha$e foreseen &ix' compliance
with instructions of any Person entitled to gi$e them.
&b' Burden of Proof /he burden of proof that the loss damage or delay was due to one or more
of the causes or e$ents specified in this "lause 7 &l' shall rest upon the "arrier sa$e that if the
"arrier establishes that in the circumstances of the case the loss damage or delay could be
attributed to one or more of the causes or e$ents specified in "lause 7&1' &a' &ii' &iii' or &i$' it
shall be presumed that it was so caused. /he Merchant shall howe$er be entitled to pro$e that
the loss damage or delay was not in fact caused either wholly or partly by one or more of
these causes or e$ents.
&c' Limitation of Liability =xcept as pro$ided in "lauses >&1' >&5' and 1> if "lause 7&l'
operates total compensation for loss or damage shall in no circumstances whatsoe$er and
howsoe$er arising exceed 1 S.#?s per )ilo of the gross weight of the %oods lost or damaged.
&S.# means Special .rawing #ight as defined by the International Monetary 6und'.
Limitation of liability for delay shall be as pro$ided in the applicable international con$ention
or national law in the absence of which the "arrier accepts no liability whatsoe$er for delay
howsoe$er caused &see "lause > &4''.
4)6 I the sta#e o the Carria#e durin# 7hich the loss8 dama#e or dela! occurred is 9no7n
<otwithstanding anything pro$ided for in "lause 7 &I' and sub;ect to "lauses 12 and 17 if it is
)nown during which stage of the "arriage the loss damage or delay occurred the liability of
the "arrier in respect of such loss damage or delay shall be determined:
&a' By the pro$isions contained in any international con$ention or national law which
pro$isions:
&i' cannot be departed from by pri$ate contract to the detriment of the Merchant@ and &ii'
would ha$e applied if the Merchant had made a separate and direct contract with the "arrier in
respect of the particular stage of the "arriage during which the loss damage or delay occurred
and recei$ed as e$idence thereof any particular document which must be issued in order to
ma)e such international con$ention or national law applicable@ or
&b' If no international con$ention or national law would apply by $irtue of "lause 7 &1' &a' by
the !ague #ules ,rticles l (8 inclusi$e only if the loss damage or delay is )nown to ha$e
occurred during waterborne "arriage@ or
&c' by the pro$isions of "lause 7 &1' if the pro$isions of "lause 7 &1' &a' and &b' abo$e do not
apply.
6or the purposes of "lause 7 &1' references in the !ague #ules to carriage by sea shall be
deemed to include references to all waterborne "arriage and the !ague #ules shall be
construed accordingly.
&5' If the Place of #eceipt or Place of .eli$ery is not named on the face hereof.
Sub;ect to "lauses 2 and 12
&a' If the Place of #eceipt is not named on the face hereof the "arrier shall be under no
4
liability whatsoe$er for loss damage or delay to the %oods howsoe$er occurring if such loss
damage or delay arises prior to loading onto a +essel.
&b' If the Place of .eli$ery is not named on the face hereof the "arrier shall be under no
liability whatsoe$er for loss damage or delay to the %oods howsoe$er occurring if such loss
damage or delay arises subse*uent to discharge from a +essel.
406 Notice o Claim
0nless "lause 12 applies the "arrier shall be deemed prima facie to ha$e effected timely
deli$ery of the %oods as described in this Bill of Lading unless notice of loss damage or delay
to the %oods indicating the general nature of such loss damage or delay shall ha$e been
gi$en in writing to the "arrier or to his representati$e at the Place of .eli$ery &or the Port of
.ischarge if no Place of .eli$ery is named on the face hereof' before or at the time of remo$al
of the %oods into the custody of the Person entitled to deli$ery thereof under this Bill of
Lading or if the loss or damage is not apparent within three wor)ing days thereafter.
426 Time-bar
0nless "lause 12 applies the "arrier shall be discharged of all liability whatsoe$er in respect
of the %oods unless suit is brought and notice thereof gi$en to the "arrier within nine months
after deli$ery of the %oods or if the %oods are not deli$ered ten months after the date of issue
of this Bill of Lading.
:* S1ND(/ $I+'I$IT/ P(O%ISIONS
456 'asis o Com&ensation
0nless "lause 12 applies compensation shall be calculated by reference to the $alue of the
%oods at the place and time they are deli$ered to the Merchant or at the place and time they
should ha$e been deli$ered. 6or the purpose of determining the extent of the "arrier9s liability
for loss damage or delay to the %oods the sound $alue of the %oods is agreed to be the
6AB-6", in$oice $alue plus freight and insurance if paid.
4)6 Ha#ue (ules $imitation
If the !ague #ules are applicable by national law the liability of the "arrier shall in no e$ent
exceed the limit pro$ided in the applicable national law. If the !ague #ules are applicable
otherwise than by national law in determining the liability of the "arrier the liability shall in
no e$ent exceed 1BB sterling per pac)age or unit.
4-6 +d %alorem
/he Merchant agrees and ac)nowledges that the "arrier has no )nowledge of the $alue of the
%oods and that higher compensation than that pro$ided for in this Bill of Lading may not be
claimed unless with the consent of the "arrier the $alue of the %oods declared by the Shipper
prior to the commencement of the "arriage is stated in this Bill of Lading and extra 6reight
paid if re*uired. In that case the amount of the declared $alue shall be substituted for the
limits laid down in this Bill of Lading. ,ny partial loss or damage shall be ad;usted pro rata on
the basis of such declared $alue.
2
406 Dela!
a' 0nless "lause 12 applies the "arrier does not underta)e that the %oods shall arri$e at the
Port of .ischarge or Place of .eli$ery at any particular time or to meet any particular mar)et
or use. Besides the "arrier shall in no circumstances whatsoe$er and howsoe$er arising be
liable for direct indirect or conse*uential loss or damage caused by delay.
b' !owe$er if "lause 12 applies unless a latest date of deli$ery is shown on the face hereof
and any re*uired premium paid timely deli$ery shall be considered to ha$e been made if the
%oods are made a$ailable to the Merchant at the Port of .ischarge or Place of .eli$ery as the
case may be within 7B days after the date published in the PCA <edlloyd Inbound Schedule
against the Port of .ischarge nominated therein for the rele$ant ocean +essel. /he "arrier
shall be entitled to all the defences exceptions and limitations pro$ided in the applicable
international con$ention or national law and this Bill of Lading.
426 Sco&e o +&&lication
&a' /he terms and conditions of this Bill of Lading shall at all times go$ern all responsibilities
of the "arrier in connection with or arising out of the supply of a "ontainer to the Merchant
not only during the "arriage but also during the periods prior to and-or subse*uent to the
"arriage.
&b' /he rights defences limitations and liberties of whatsoe$er nature pro$ided for in this Bill
of Lading shall apply in any action against the "arrier for loss or damage or delay howsoe$er
occurring and whether the action be founded in contract or in tort and e$en if the loss damage
or delay arose as a result of unseaworthiness negligence or breach of a fundamental term of
this contract.
&c' Sa$e as is otherwise pro$ided for in this Bill of Lading the "arrier shall in no
circumstances whatsoe$er and howsoe$er arising be liable for direct or indirect or
conse*uential loss or damage or loss of profits.
436 Ins&ection b! +uthorities
If by order of the authorities at any place a "ontainer has to be opened for the %oods to be
inspected the "arrier will not be liable for any loss damage or delay incurred as a result of
any opening unpac)ing inspection or repac)aging. /he "arrier shall be entitled to reco$er the
cost of such opening unpac)ing inspection and repac)aging from the Merchant.
;* SHIPPE(-P+C<ED CONT+INE(S
If a "ontainer has not been pac)ed by or on behalf of the "arrier
&1' /he "arrier shall not be liable for loss damage or delay to the %oods caused by matters
beyond his control including inter alia without pre;udice to the generality of this exclusion
&a' the manner in which the "ontainer has been pac)ed or &b' the unsuitability of the %oods
for "arriage in the "ontainer supplied or &c' the unsuitability or defecti$e condition of the
"ontainer or the incorrect setting of any temperature controls thereof: pro$ided that if the
"ontainer has been supplied by or on behalf of the "arrier this unsuitability defecti$e
condition or incorrect setting could ha$e been apparent upon inspection by the Merchant at or
7
prior to the time when the "ontainer was pac)ed or &d' pac)ing temperature controlled %oods
that are not at the correct temperature for "arriage.
&1' /he Shipper is responsible for the pac)ing and sealing of all Shipper(Pac)ed "ontainers
and if a Shipper(Pac)ed "ontainer is deli$ered by the "arrier with its original seal as affixed
by the Shipper intact the "arrier shall not be liable for any shortage of %oods ascertained at
deli$ery If ne$ertheless a claim for shortage is made against the "arrier by any Person
whomsoe$er the Merchant agrees to indemnify the "arrier against the cost of any such claims
plus any costs incurred in respect thereof.
&5' /he Merchant shall indemnify the "arrier against any loss damage liability or expense
whatsoe$er and howsoe$er arising caused by one or more of the matters referred to in "lause
8 &I' sa$e that if the loss damage liability or expense was caused by a matter referred to in
"lause 8 &1' &c' the Merchant shall not be liable to indemnify the "arrier in respect thereof
unless the pro$iso referred to in that "lause applies.
=* INSPECTION OF "OODS
/he "arrier or any Person to whom the "arrier has sub(contracted the "arriage or any Person
authoriDed by the "arrier shall be entitled but under no obligation to open any "ontainer or
pac)age at any time and to inspect weigh and-or measure the %oods and-or weigh the
"ontainer.
5>* C+((I+"E +FFECTED '/ CONDITION OF "OODS
If it appears at any time that due to their condition the %oods cannot safely or properly be
carried or carried further either at all or without incurring any additional expense or ta)ing
any measure in relation to the "ontainer or the %oods the "arrier may without notice to the
Merchant &but as his agent only' ta)e any measure and-or incur any additional expense to
carry or to continue the "arriage thereof and-or sell or dispose of the %oods and-or abandon
the "arriage and-or store them ashore or afloat under co$er or in the open at any place
whiche$er the "arrier in his absolute discretion considers most appropriate which
abandonment storage sale or disposal shall be deemed to constitute due deli$ery under this
Bill of Lading /he Merchant shall indemnify the "arrier against any additional expense
incurred.
55* DESC(IPTION OF "OODS
&1' /his Bill of Lading shall be prima facie e$idence of the receipt by the "arrier from the
Shipper in apparent good order and condition except as otherwise noted of the total number
of "ontainers or other pac)ages or units indicated in the box on the face hereof entitled
EF/otal <o of "ontainers-Pac)ages recei$ed by the "arrierG.
&1' =xcept as pro$ided in "lause 11 &1' no representation is made by the "arrier as to the
weight contents measure *uantity *uality description condition mar)s numbers or $alue
of the %oods and the "arrier shall be under no responsibility whatsoe$er in respect of such
description or particulars which are un)nown to him.
It is agreed that whilst he retains the right so to do at his sole discretion the "arrier is not at
any time under any obligation to weight any "ontainer or open any "ontainer to ma)e any
chec) on the %oods therein or their stowage &see "lause 3'.
>
&5' If any particulars of any Letter of "redit and-or Import Licence and-or Sale "ontract and-or
In$oice or Arder number and-or details of any contract to which the "arrier is not a party are
shown on the face of this Bill of Lading such particulars are included solely at the re*uest of
the Merchant for his con$enience. /he Merchant agrees that the inclusion of such particulars
shall not be regarded as a declaration of $alue and in no way increases the "arrier?s liability
under this Bill of Lading. /he Merchant further agrees to indemnify the "arrier against all
conse*uences of including such particulars in this Bill of Lading. /he Merchant ac)nowledges
that except when the pro$isions of "lause> &5' apply the $alue of the %oods is un)nown to
the "arrier.
5)* SHIPPE(,S?ME(CH+NT,S (ESPONSI'I$IT/
1. ,ll of the Persons coming within the definition of Merchant in "lause 1 shall be ;ointly
and se$erally liable to the "arrier for the due fulfilment of all obligations underta)en
by the Merchant in this Bill of Lading and remain so liable throughout "arriage
notwithstanding their ha$ing transferred this Bill of Lading and-or title to the %oods to
another party.
1. /he Shipper warrants to the "arrier that the particulars relating to the %oods as set out
o$erleaf ha$e been chec)ed 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
ade*uate and correct. /he Shipper also warrants that the %oods are lawful goods and
contain no contraband. If the "ontainer is not supplied by or on behalf of the "arrier
the Shipper further warrants that the "ontainer meets all ISA and-or other &inter('
national safety standards and is fit in all respects for "arriage by the "arrier.
5. /he Merchant shall indemnify the "arrier against all claims losses damages fines and
expenses arising or resulting from any breach of any of the warranties in "lause 11&1'
hereof or from any other cause in connection with the %oods for which the "arrier is
not responsible.
4. /he Merchant shall comply with all regulations or re*uirements of "ustoms port and
other authorities and shall bear and pay all duties taxes fines imposts expenses or
losses &including without pre;udice to the generality of the foregoing 6reight for any
additional "arriage underta)en' incurred or suffered in respect of the %oods and shall
indemnify the "arrier in respect thereof.
2. If "ontainers supplied by or on behalf of the "arrier are unpac)ed at the Merchant?s
premises the Merchant is responsible for returning the empty "ontainers free from
labels etc. with interiors brushed clean odour free and in e$ery respect fit for
immediate reuse to the point or place designated by the "arrier his ser$ants or agents
within the time prescribed Should a "ontainer not be returned as re*uired abo$e within
the time prescribed the "arrier is entitled to ta)e such steps as he considers appropriate
for the account of the Merchant and the Merchant shall be liable for any detention loss
or expense incurred as a result thereof.
7. "ontainers released into the care of the Merchant for pac)ing unpac)ing or any other
purpose whatsoe$er are at the sole ris) of the Merchant until redeli$ered to the "arrier.
/he Merchant shall indemnify the "arrier for all loss and-or damage to such "ontainers
occurring during such period /he Merchant shall also indemnify the "arrier for any
loss damage in;ury fines or expenses caused or incurred by such "ontainers whilst in
his control.
8
5-* F(EI"HT
&1' 6reight shall be deemed fully earned on receipt of the %oods by the "arrier and
shall be paid and non(returnable in any e$ent
&1' /he Merchant?s attention is drawn to the stipulations concerning currency in which
the 6reight is to be paid rate of exchange de$aluation and other contingencies relati$e
to 6reight in the applicable /ariff.
&5' 6reight has been calculated on the basis of particulars furnished by or on behalf of
the Shipper. If the particulars furnished by or on behalf of the Shipper are incorrect it
is agreed that a sum e*ual to double the correct 6reight less the 6reight charged shall
be payable as li*uidated damages to the "arrier.
&4' ,ll 6reight shall be paid without any set(off counter(claim deduction or stay of
execution before deli$ery of the %oods.
50* $IEN
/he "arrier shall ha$e a lien on the %oods and any documents relating thereto for all
sums payable to the "arrier under this contract. /he "arrier shall also ha$e a lien
against the Merchant on the %oods and any documents relating thereto for all sums due
from him to the "arrier under any other contract. /he "arrier may exercise his lien at
any time and at any place at his sole discretion whether the contractual "arriage is
completed or not. In any e$ent any lien shall extend to co$er the cost of reco$ering the
sums due and for that purpose the "arrier shall ha$e the right to sell the %oods by
public auction or pri$ate treaty without notice to the Merchant at any time and at any
place at the sole discretion of the "arrier.
52* OPTION+$ STO.+"E +ND DEC< C+("O
&1' /he %oods may be pac)ed by the "arrier in "ontainers and consolidated with other
goods in "ontainers
&1' %oods whether or not pac)ed in "ontainers may be carried on dec) or under dec)
at the sole discretion of the "arrier without notice to the Merchant ,ll such %oods
whether carried on dec) or under dec) shall participate in general a$erage and shall be
deemed to be within the definition of goods for the purposes of the !ague #ules and
shall be carried sub;ect to those #ules.
&5' <otwithstanding "lause 12 &1' in the case of %oods which are stated on the face
hereof as being carried on dec) and which are so carried the !ague #ules shall not
apply and the "arrier shall be under no liability whatsoe$er for loss damage or delay
howsoe$er arising whether or not caused by negligence on the part of the "arrier his
ser$ants agents or Sub("ontractors.
53* $I%E +NIM+$S
/he !ague #ules shall not apply to the "arriage of li$e animals which are carried at
the sole ris) of the Merchant. /he "arrier shall be under no liability whatsoe$er for any
in;ury illness death delay or destruction to such li$e animals howsoe$er arising.
3
Should the Master in his sole discretion consider that any li$e animal is li)ely to be
in;urious to any other li$e animal or any person or property on board or to cause the
+essel to be delayed or impeded in the prosecution of its $oyage than such li$e animal
may be destroyed and thrown o$erboard without any liability attaching to the "arrier.
/he Merchant shall indemnify the "arrier against all or any extra costs incurred for any
reason whatsoe$er in connection with the "arriage of any li$e animal.
5:* METHODS +ND (O1TES OF C+((I+"E
&1' /he "arrier may at any time and without notice to the Merchant:
&a' use any means of carriage whatsoe$er@ &b' transfer the %oods from one con$eyance
to another including but not limited to transhipping or carrying them on a +essel other
than that named on the face hereof@ &c' unpac) and remo$e the %oods which ha$e been
pac)ed into a "ontainer and forward them in a "ontainer or otherwise@ &d' proceed by
any route in his discretion &whether or not the nearest or most direct or customary or
ad$ertised route' at any speed and proceed to or stay at any place or port whatsoe$er
once or more often and in any order@ &e' load or unload the %oods at any place or port
&whether or not such port is named o$erleaf as the Port of Loading or Port of
.ischarge' and store the %oods at any such place or port@ &f' comply with any orders or
recommendation gi$en by any go$ernment or authority or any Person acting or
purporting to act as or on behalf of such go$ernment or authority or ha$ing under the
terms of any insurance on any con$eyance employed by the "arrier the right to gi$e
orders or directions@ &g' permit the +essel to proceed with or without pilots to tow or
be towed or to be dry(doc)ed with or without %oods and-or "ontainers on board.
&1' /he liberties set out in "lause 1> &1' may be in$o)ed by the "arrier for any purpose
whatsoe$er whether or not connected with the "arriage of the %oods including but
not limited to loading or unloading other goods bun)ering undergoing repairs
ad;usting instruments pic)ing up or landing any persons including but not limited to
persons in$ol$ed with the operation or maintenance of the +essel and assisting $essels
in all situations ,nything done in accordance with "lause 1> &1' or any delay arising
therefrom shall be deemed to be within the contractual "arriage and shall not be a
de$iation.
&5' By tendering %oods for "arriage without any written re*uest for "arriage in a
specialised "ontainer or for "arriage otherwise than in a "ontainer the Merchant
accepts that "arriage may properly be underta)en in a general(purpose container
carried on or under dec) at the "arrier?s sole discretion.
5;* M+TTE(S +FFECTIN" PE(FO(M+NCE
If at any time the "arriage the +essel or other goods on board the +essel are or are
li)ely to be affected by any hindrance ris) delay difficulty or disad$antage of any
)ind &other than the inability of the %oods due to their condition safely or properly to
be carried or carried further' and howsoe$er arising &e$en though the circumstances
gi$ing rise to such hindrance ris) delay difficulty or disad$antage existed at the time
this contract was entered into or the %oods were recei$ed for "arriage' the "arrier
&whether or not the "arriage is commenced' may without prior notice to the Merchant
and at the sole discretion of the "arrier either:
1B
&a' "arry the %oods to the contracted Port of .ischarge or Place of .eli$ery
whiche$er is applicable by an alternati$e route to that indicated in this Bill of Lading
or that which is usual for %oods consigned to that Port of .ischarge or Place of
.eli$ery. If the "arrier elects to in$o)e the terms of this "lause 18 &a' then
notwithstanding the pro$isions of "lause 1> hereof: he shall be entitled to charge such
additional 6reight as the "arrier may determine@ A# &b' Suspend the "arriage of the
%oods and store them ashore or afloat upon the terms of this Bill of Lading and
endea$our to forward them as soon as possible but the "arrier ma)es no
representations as to the maximum period of such suspension of "arriage. If the
"arrier elects to in$o)e the terms of this "lause I 8 &b' then notwithstanding the
pro$isions of "lause I> hereof: he shall be entitled to charge such additional 6reight as
the "arrier may determine@ A# &c' ,bandon the "arriage of the %oods and place them
at the Merchant?s disposal at any place or port which the "arrier may deem safe and
con$enient whereupon the responsibility of the "arrier in respect of such %oods shall
cease. /he "arrier shall ne$ertheless be entitled to full 6reight on the %oods recei$ed
for "arriage and the Merchant shall pay any additional costs of the "arriage to and
deli$ery and storage at such place or port@
If the "arrier elects to use an alternati$e route under "lause 18 &a' or to suspend the
"arriage under "lause 18&b' this shall not pre;udice his right subse*uently to abandon
the "arriage.
5=* D+N"E(O1S "OODS
&1' <o %oods which are or may become dangerous inflammable damaging or
in;urious &including radio(acti$e materials' or which are or may become liable to
damage any property whatsoe$er or in;ure any person whomsoe$er shall be tendered
to the "arrier for "arriage without his express consent in writing and without the
"ontainer as well as the %oods themsel$es being distinctly mar)ed on the outside so as
to indicate the nature and character of any such %oods and so as to comply with any
applicable laws regulations or re*uirements. If any such %oods are deli$ered to the
"arrier without such written consent and-or mar)ing or if in the opinion of the "arrier
the %oods are or are liable to become of a dangerous inflammable damaging or
in;urious nature they may at any time be destroyed disposed of abandoned or
rendered harmless without compensation to the Merchant and without pre;udice to the
"arrier9s right to 6reight.
&1' /he Merchant underta)es that such %oods are pac)ed in a manner ade*uate to
withstand the ris)s of "arriage ha$ing regard to their nature and in compliance with all
laws or regulations which may be applicable during the "arriage. In particular but
without pre;udice to the generality of this "lause 13&1' if the %oods are not pac)ed
into the "ontainer by or on behalf of the "arrier the Merchant underta)es that
incompatible %oods are not pac)ed in the same "ontainer.
&5' :hether or not the Merchant was aware of the nature of the %oods the Merchant
shall indemnify the "arrier against all claims losses damages or expenses arising in
conse*uence of the "arriage of such %oods.
&4' <othing contained in this "lause shall depri$e the "arrier of any of his rights
pro$ided for elsewhere.
11
)>* NOTIFIC+TION +ND DE$I%E(/
&1' ,ny mention herein of parties to be notified of the arri$al of the %oods is solely for
information of the "arrier and failure to gi$e such notification shall not in$ol$e the
"arrier in any liability nor relie$e the Merchant of any obligation there under.
&1' /he Merchant shall ta)e deli$ery of the %oods within the time pro$ided in the
"arrier?s applicable /ariff &see "lause 1'. If the Merchant fails to do so the "arrier
shall be entitled without notice to unpac) the %oods if pac)ed in "ontainers and-or to
store the %oods ashore afloat in the open or under co$er at the sole ris) of the
Merchant. Such storage shall constitute due deli$ery here under and thereupon the
liability of the "arrier in respect of the %oods stored as aforesaid shall wholly cease
and the costs of such storage &if paid or payable by the "arrier or any agent or Sub(
"ontractor of the "arrier' shall forthwith upon demand be paid by the Merchant to the
"arrier.
&5' If the Merchant fails to ta)e deli$ery of the %oods within thirty days of deli$ery
becoming due under "lause 1B &1' or if in the opinion of the "arrier they are li)ely to
deteriorate decay become worthless or incur charges whether for storage or otherwise
in excess of their $alue the "arrier may without pre;udice to any other rights which he
may ha$e against the Merchant without notice and without any responsibility
whatsoe$er attaching to him sell destroy or dispose of the %oods and apply any
proceeds of sale in reduction of the sums due to the "arrier from the Merchant
&4' #efusal by the Merchant to ta)e deli$ery of the %oods in accordance with the terms
of this "lause and-or to mitigate any loss or damage thereto shall constitute a wai$er by
the Merchant to the "arrier of any claim whatsoe$er relating to the %oods or the
"arriage thereof
&2' In the e$ent of the "arrier agreeing to a re*uest of the Merchant to amend the Place
of .eli$ery stated herein without stipulating any particular terms and conditions to
apply during said amended "arriage to the extent pro$ided by the applicable /ariff the
terms and conditions of this Bill of Lading shall continue to apply but only until the
%oods are deli$ered by the "arrier to the Merchant at the amended Place of .eli$ery
Ance the applicable /ariff ceases to pro$ide for the continued application of the terms
and conditions of the Bill of Lading or if the "arrier declines to extend the Bill of
Lading terms to the amended Place of .eli$ery then the "arrier shall act as agent only
of the Merchant in arranging for deli$ery of the %oods to the amended Place of
.eli$ery but shall then be under no liability whatsoe$er for loss damage or delay to
the %oods howsoe$er arising for the period of amended "arriage.
If the "arrier agrees to ma)e multiple point deli$eries of an 6"L "ontainer this
contract terminates upon presentation of the sealed "ontainer at the first place of
deli$ery. /hereafter the "arrier acts as agent only to arrange any further deli$eries.
&7' If at the place where the "arrier is entitled to call upon the Merchant to ta)e
deli$ery of the %oods under "lause 1B&1' the "arrier is obliged to hand o$er the %oods
into the custody of any "ustoms port or other authority such hand(o$er shall
constitute due deli$ery to the Merchant under this Bill of Lading.
&>' /his Bill of Lading shall not be a negotiable document of title unless consigned Eto
11
orderG Eto the order of H..G or E to bearerG. If not so consigned but instead consigned
directly to a nominated party this shall be a EStraightG Bill and at the sole discretion
of the "arrier deli$ery may be made to the nominated party only upon proof of
identity as if this Bill of Lading were a :aybill. Such deli$ery shall constitute due
deli$ery hereunder.
)5* FC$ M1$TIP$E 'I$$S OF $+DIN"
&1' %oods will only be deli$ered in a "ontainer to the Merchant if all Bills of Lading in
respect of the contents of the "ontainer ha$e been surrendered authorising deli$ery to a
single Merchant at a single Place of .eli$ery In the e$ent that this re*uirement is not
fulfilled the "arrier may unpac) the "ontainer and in respect of %oods for which Bills
of Lading ha$e been surrendered deli$er them to the Merchant on an L"L basis Such
deli$ery shall constitute due deli$ery hereunder but will only be effected against
payment by the Merchant of L"L Ser$ice "harges and any charges appropriate to L"L
%oods &as laid down in the /ariff' together with the actual costs incurred for any
additional ser$ices rendered.
&1' If this is an 6"L multiple Bill of Lading &as e$idenced by the *ualification of the
tally ac)nowledged o$erleaf to the effect that it is EAne of ... part cargoes in the
"ontainerG' then the %oods detailed o$erleaf are said to comprise part of the contents
of the "ontainer indicated. If the "arrier is re*uired to deli$er the %oods to more than
one Merchant and if all or part of the total %oods within the "ontainer consists of bul)
%oods or unappropriated %oods or is or becomes mixed or unmar)ed or
unidentifiable the !olders of Bills of Lading relating to %oods within the "ontainer
shall ta)e deli$ery thereof &including any damaged portion' and bear any shortage in
such proportions as the "arrier shall in his absolute discretion determine. Such deli$ery
shall constitute due deli$ery hereunder.
))* "ENE(+$ +%E(+"E @ S+$%+"E
&1' In the e$ent of accident danger damage or disaster before or after the
commencement of the $oyage resulting from any cause whatsoe$er due to negligence
or not for which or for the conse*uences of which the "arrier is not responsible by
statute contract or otherwise the Merchant shall contribute with the "arrier in general
a$erage to the payment of any sacrifices losses or expenses of a general a$erage nature
that may be made or incurred and shall pay sal$age and special charges incurred in
respect of the %oods.
&1' ,ny general a$erage on a +essel operated by the "arrier shall be ad;usted
according to the Ior)-,ntwerp #ules of I334 or any subse*uent amendment thereto
authorised by the "MI at any port or place and in any currency at the option of and by
an ad;uster appointed by the "arrier with the test of reasonableness in the #ule
Paramount being made on the basis of what was )nown at the time of the general
a$erage act and not subse*uently with the benefit of hindsight. ,ny general a$erage on
a +essel not operated by the "arrier &whether a seagoing or inland waterways $essel'
shall be ad;usted according to the re*uirements of the operator of that +essel. In either
case the Merchant shall gi$e such cash deposit or other security as the "arrier may
deem sufficient to co$er the estimated general a$erage contribution of the %oods. ,ny
security other than cash deposits must be gi$en by a party acceptable to and with
assets in a ;urisdiction nominated by the "arrier. Such security must be pro$ided
15
before deli$ery if the "arrier so re*uires or if the "arrier does not so re*uire within
three months of the deli$ery of the %oods whether or not at the time of deli$ery the
Merchant had notice of the "arrier9s lien. /he "arrier shall be under no obligation to
exercise any lien for general a$erage contribution due to the Merchant.
&5' "on$ersion into the currency of the ad;ustment shall be calculated at the rate
pre$ailing on the date of payment for disbursements and on the date of completion of
discharge of the +essel for allowances contributory $alues etc.
&4' If a sal$ing $essel is owned or operated by the "arrier sal$age shall be paid for as
fully as if the sal$ing $essel or $essels belonged to strangers.
&2' In the e$ent of the Master in his sole discretion or in consultation with owners
considering that sal$age ser$ices are needed the Merchant agrees that the Master may
act as his agent to procure such ser$ices to %oods and that the "arrier may act as his
agent to settle sal$age remuneration without any prior consultation with the Merchant
in both cases.
&7' If the Merchant contests payment of contribution to general a$erage sal$age
sal$age charges and-or special charges to %oods on any grounds whatsoe$er or fails to
ma)e payment of contribution within three months of the issue of the ad;ustment
thereof whether or not prior security has been pro$ided the Merchant shall pay
interest for the period in excess of three months on the contribution due at two percent
per annum abo$e the base lending rate of the central ban) of the country in whose
currency the ad;ustment is issued in addition to the contribution due.
&>' In the e$ent of any general a$erage credit balances due to Merchants still being
unclaimed 2 years after the date of issue of the ad;ustment these shall be paid to the
"arrier who will hold such credit balances pending application by the Merchants
entitled thereto.
)-* %+(I+TION OF THE CONT(+CT
<o ser$ant or agent of the "arrier shall ha$e the power to wai$e or $ary any of the
terms of this Bill of Lading unless such wai$er or $ariation is in writing and is
specifically authorised or ratified in writing by the "arrier.
0* $+. +ND A1(ISDICTION
&1' 0nless "lause 12 or 1> applies any claim against the "arrier under this Bill of
Lading shall be determined only according to =nglish law and exclusi$ely in the !igh
"ourt of Justice in London. /he Merchant irre$ocably submits to this ;urisdiction.
&1' /he "arrier shall be entitled to pursue any claim against the Merchant in London
according to =nglish Law or in any ;urisdiction in which the Merchant has assets but
then in accordance with the local law of that ;urisdiction.
&5' <othing herein shall pre$ent the parties to any claim or dispute under this Bill of
Lading from agreeing to submit the claim or dispute to arbitration by mutually
acceptable arbitrator&s' on mutually acceptable terms at a mutually acceptable $enue.
14
)2* %+$IDIT/
In the e$ent that anything herein contained is inconsistent with any applicable
international con$ention or national law which cannot be departed from by pri$ate
contract the pro$isions hereof shall to the extent of such inconsistency but no further
be null and $oid.
)3* $IMIT+TION OF $I+'I$IT/
6or the a$oidance of doubt it is hereby agreed by the Merchant that the "arrier
*ualifies and shall be regarded as a person entitled to limit liability under the rele$ant
"on$ention on the Limitation of Liability for Maritime "laims notwithstanding that
the "arrier may ha$e procured space on board the +essel concerned by means of a Slot
"harterparty Bill of Lading or some other contract of carriage.
=xcept to the extent that mandatory law to the contrary applies in the appropriate
;urisdiction &in which case said law shall apply' the siDe of the fund to which the
"arrier may limit liability shall be identical to that proportion of the limitation fund by
which the actual carrier is entitled to limit which is &or would be' a$ailable for the
"arrier?s claims against the actual carrier.
):* 1S+ C$+1SE P+(+MO1NT 4i a&&licable6
&1' If "arriage includes "arriage to from or through a port in the 0nited States of
,merica this Bill of Lading shall be sub;ect to the 0nited States "arriage of %oods by
Sea ,ct 1357 &0S "A%S,' the terms of which are incorporated herein and shall be
paramount throughout "arriage by sea and the entire time that the %oods are in the
actual custody of the "arrier or his Sub("ontractor at the sea terminal in the 0nited
States of ,merica before loading onto the $essel or after discharge therefrom as the
case may be.
&1' /he "arrier shall not be liable in any capacity whatsoe$er for loss damage or delay
to the %oods while the %oods are in the 0nited States of ,merica away from the sea
terminal and are not in the actual custody of the "arrier. ,t these times the "arrier acts
as agent only to procure "arriage by Persons &one or more' under the usual term and
conditions of those Persons. If: for any reason the "arrier is denied the right to act as
agent only at these times his liability for loss damage or delay to the goods shall be
determined in accordance with "lause 7 hereof.
&5' If 0S "A%S, applies the liability of the "arrier and-or the +essel shall not exceed
0SK 2BB per pac)age or customary freight unit &in accordance with Section 15B4&2'
thereof'. 0nless the $alue of the %oods has been declared on the face hereof in which
case "lause >&5' shall apply.
&4' <otwithstanding the pro$isions of "lause 14 if "arriage includes "arriage to from
or through a port in the 0nited States of ,merica the Merchant may refer any claim or
dispute to the 0nited States .istrict "ourt for the Southern .istrict of <ew Ior) in
accordance with the laws of the 0nited States of ,merica
12