Master, Pilot, Officers, Crew, Stevedores,
If, after the Vessel has left port of
BILL OF LADING
CONDITIONS
UNIFORM BILL OF LADING CLAUSES
1946 APPROVED BY THE
DOCUMENTARY COUNCIL OF THE
BALTIC AND INTERNATIONAL MARITIME
CONFERENCE - CODE NAME CONBILL.
1. RESPONSIBILITY. The Carrier is to be
responsible for loss of or damage to the
goods or for delay in delivery of the goods
only in case the loss, damage or delay has
been caused by the improper or negligent
stowage of the goods (unless stowage
performed by Shippers of their Stevedores
or Servants) or by personal want due
diligence on the part of the Carrier or his
Manager to make the Vessel in all
respects seaworthy and to secure that she
is properly manned, equipped and supplied
or by the personal act or default of the
Carrier or his Manager.
And the Carrier is responsible for no loss
or damage or delay arising from any other
cause, whatsoever, even from the neglect
or default of the Master or crew or some
other person employed by the Carrier on
board or ashore for whose acts he would
but for this clause be responsible, or from
unseaworthiness of the Vessel on loading
or commencement of the voyage or at any
time whatsoever.
Damage caused by contact with or
leakage, smell or evaporation from other
goods or by the inflammable or explosive
nature or insufficient package or other
goods not to be considered as caused by
improper or negligent stowage, even if in
fact so caused.
2. DEVIATION. The vessel has liberty to
call at any port or ports in any order for any
purpose, to sail without pilots, to tow and/or
assist vessels in all situations, and also to
deviate for the purpose of saving life and/or
property and also in accordance with the
clauses relating to Quarantine, Lockouts,
Strikes, Ice and War.
3. DELIVERY. Goods to be taken from the
Vessel by Receivers directly they come to
hand in discharging the Vessel and the
Carrier's responsibility to cease package
by package immediately the goods leave
the Vessel's deck or tackle. If not thus
taken from alongside by Receivers they
may be landed and deposited at the
expense of the Owners of the goods and at
their risk of fire loss or injury, on the dock
or in the warehouse, or in craft the Port
Authorities being hereby authorised to
grant a general order for the discharge
immediately after the entry of the Vessel.
4. LIEN The Carrier has a lien on all goods
for payment of freight, deadfreight and
difference in freight and for any expenses
incurred before or after shipment, including
demurrage cost or repairs, if any, and
forwarding expenses, fines, damages and
expenses, mentioned in this Bill of Lading.
The Carrier shall also be entitled to fall
back on the Shipper for the difference
between the total amount owned to the
Carrier and the net proceeds of the goods.
5. LIVE ANIMALS. Live animals, shipped
thereunder are received, kept, carried and
discharged at the sole risk of the Owner
thereof, and the Carrier shall not under any
circumstances of any king whatsoever be
liable for any loss of or damage or delay
thereto, whether or not such loss, damage
or delay may be due to the wrongful act,
neglect or default of the Carrier, of the
10. LIMITATION OF LIABILITY.
Servants, Agents or other person
whomsoever for whom the Carrier may be
responsible, whether in the service of the
Carrier or not, and whether or not/the
above named Vessel or any other Vessel or
craft in which the said animals may be
loaded was unseaworthy at the time of
loading authorised to grant a general or
sailing or at any other time.
6. AVERAGE. General Average to be
settled according to York Antwerp Rules,
1950, Proprietors of cargo to pay the
cargo's share in the general expenses even
if same have been necessitated through
neglect or default of the Carrier's Servants.
The Shippers, Consignees and Owners of
the Netherlands Commercial Code goods
expressly renounce the Netherlands
Commercial Code Art.700 and the Belgian
Commercial Code Part II Art. 148.
7. AMENDED 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 cargo
Shippers, Consignees or Owners of the
cargo shall contribute with the Carrier in
General Average to the payment of any
sacrifices, losses or expenses of a General
Average nature that may be made or
incurred, and shall pay salvage and special
charges incurred in respect of the cargo. If
a salving ship is owned or operated by the
Carrier, salvage shall be paid for as fully as
if the salving ship or ships belong to
strangers.
8. BOTH TO BLAME COLLISION
CLAUSE. 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,
Pilots or the Servants of the Carrier in the
navigation or in the management of the
Vessel, the Owners of the cargo carried
thereunder will indemnify the Carrier
against all loss or liability to the other or
non-carrying ship or her Owners is so far
as such loss or liability represents loss of,
or damage, to, or any claim whatsoever of
the Owners of said cargo, paid or payable,
by the other or non-carrying ship or the
Owners to the Owners of said cargo and
set off recouped or recovered by the other
or non-carrying ship or the Owners as part
of their claim against the carrying Vessel or
Carrier. 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 as at fault, in
respect of a collisions or contact.
9. PAYMENT OF FREIGHT. Full freight has
to be paid on cargo damaged or diminished
by leakage. For any increase in weight
owing to sea damage no freight has to be
paid.
Freight payable at port of destination,
together with all other amounts mentioned
in the lien Clause, is to be paid on delivery
of the goods in cash without deduction and
in the currency named in the Bill of Lading,
or at the option of the option of the
Receivers in the currency of the country at
the highest rate of exchange for banker's
sight Bills current on the day when the
Vessel is entered at the custom-house.
Freight payable in advance cannot be
reclaimed, even if the Vessel and/or cargo
should be lost. In calculating General
Average contribution, freight payable in
advance has to be added to the value of
the goods.
2.
In case of any loss or damage to or in
connection with goods exceeding in actual
value a 100 Pounds Sterling per package,
or in case of goods not shipped in
packages per customary freight unit the
value of the goods shall be deemed to be
100 Pounds Sterling per package or per
unit, on which basis the freight is adjusted
and the Carrier's liability if any shall be
determined on the basis of a value of 100
Pounds Sterling per package or per
customary freight unit, or pro rata in case of
partial loss or damage, unless the nature of
the goods and a valuation higher than 100
Pounds Sterling shall have been declared
in writing by the Shipper upon delivery to
the Carrier and inserted, in this Bill of
Lading and extra freight paid if required and
in such case in the actual value of the
goods per package or per customary freight
unit shall exceed such declared value, the
value shall nevertheless be deemed to be
the declared value and any partial loss or
damage shall be adjusted prorate on the
basis of such declared value.
Unless notice of loss or damage and the
general nature of such loss or damage be
given in writing to the Carrier or his Agent
at the port of discharge before or at the
time of the removal of the goods into the
custody of the person entitled to delivery
thereof under the contract of carriage, such
removal shall be prima facie evidence of
the delivery by the Carrier of the goods as
described in the Bill of Lading. If the loss or
damage is not apparent the notice must be
given within three days of the delivery. In
any event the Carrier and the Vessel shall
be discharged from all liability in respect of
loss or damage unless suit is brought within
one year after the delivery of the goods or
the date when the goods should have been
delivered.
Any disputes arising under this Bill of
Lading to be decided according to the law
of Vessel's flag.
11. QUARANTINE, LOCKOUTS, STRIKES
AND ICE. If on account of actual or
threatened quarantine, ice, strikes, lockouts
or reasons of a similar nature, the Master at
any time is in doubt as to whether he can
safely reach or enter the port of destination,
there discharge in the usual manner or
proceed thence on his voyage unmolested,
he is at liberty to discharge the goods at
another port which he may consider safe.
Such discharge shall be deemed to be in
fulfilment of the contract voyage and freight
shall be payable accordingly. Receivers
and/or Shippers to be informed, if possible,
and be liable for all extra expenses thereby
incurred.
12. WAR 1 (A). If the nation under whose
flag the Vessel sails be engaged in war,
hostilities or warlike operations or be
involved in civil war or revolution whereby
the safe navigation of the Vessel may be
endangered the cargo loaded shall be
discharged at the port of loading.
(B) If owing to or during any war hostilities
warlike operations civil war or revolution
any cargo loaded under this Bill of Lading
becomes, or be declared to be, contraband,
whether absolute or conditional, or liable to
confiscation or detention such cargo shall
be discharged at port of loading.
The discharge of any cargo effected at the
port of loading shall be at Shipper's risk
and expense, the contract of carriage
thereupon being at an end so far as such
cargo in concerned. The Carrier shall have
the right to load other cargo in place of
cargo discharged.
loading, any port of discharge named in this
Bill of Lading be or be declared to be,
blockaded, or if owing to any port of the
matters mentioned in sub clauses 1 (A) and
(B) entry to any such port of discharge of
cargo intended for any such port be in the
Master's discretion dangerous or be
prohibited, or it be found in the Master's
discretion dangerous or impossible for the
Vessel to reach or remain at any such port,
the cargo or such part of it as may be
affected shall be discharged at such safe
port which the Vessel may call at or would
pass in the ordinary course of the contract
voyage as may be nominated by the
Shippers with 4 hours after receiving the
Carrier's request for nomination of a
substitute discharging port or at such safe
port as the Master may decide as should
the Shippers fall to nomination.
3. The Vessel shall have liberty to comply
with any orders or directions as to
departure, arrival routes, ports of call
stoppages, destination discharge or in any
otherwise whatsoever given by the
government of the nation under whose flag
the Vessel sails or any other government or
any person (or body acting or purporting to
act with) the authority of such government
or by any committee or person having
under the terms of the war risks insurance
on the Vessel the right to give any such
orders or directions. If by reason of such
orders or directions anything is done or is
not done it shall not be deemed a deviation.
4. The discharge of any cargo at other than
the loading port under the provisions of
sub-clause 2 and/or the conclusions of the
adventure consequent upon compliance
with any orders or directions referred to in
sub clause 2 whether the cargo be
discharged or not, shall be deemed to be in
fulfilment of the contract voyage and freight
shall be payable accordingly. All extra
expenses in consequence thereof shall be
paid by the Shippers or Owners of the
cargo Carrier having a lien on the cargo for
freight and all expenses incurred by him
whether for discharge or otherwise.
13. GENERAL PARAMOUNT CLAUSE.
This Bill of Lading, shall have effect subject
to the provisions of any legislation relating
to the carriage of goods by sea which
incorporates the rules relating to Bills of
Lading contained in the International
Convention, dated Brussels 25 the August
1924, and which is copulsorily applicable to
the contract of legislation shall be deemed
to be carriage herein contained. Such
legislation shall be deemed to be
incorporated herein but nothing herein
contained shall be deemed a surrender by
the Carrier of any of its rights or immunities
or an increase of any of its responsibilities
of liabilities thereunder. If any term of this
Bill of Lading be repugnant to any extent to
any legislation by this clause incorporated
such terms shall be void to that extent but
no further. Nothing in this Bill of Lading
shall operate to limit or deprive the Carrier
of any statutory protection or exemption
from or limitation of liability.
14. SHIPMENTS BETWEEN PORTS IN
DENMARK, FINLAND, NORWAY AND
SWEDEN. Where Par. 122 of the Danish,
Finish, Norwegian and Swedish, maritime
laws apply the Carrier is considered to
have taken all such reservation as to the
liability and responsibility as he is allowed
to do by the sections 122 and 123 of the
said Acts.