The contract evidenced by or contained in this Bill of Lading is governed by the law of the country in which this Bill of Lading is issued. Any claim or dispute arising hereunder or in connection herewith shall be determined by the courts in the country in which this Bill of Lading is issued, and no other court.
4.1 This Bill of Lading shall be non negotiable unless made out ‘to order’ in which event it shall be negotiable and shall constitute title to the goods and the holder shall be entitled to receive or to transfer the goods herein described.
4.2 This Bill of Lading shall be prima facie evidence of the taking in charge by the Carrier of the goods as herein described. However, proof to the contrary shall not be admissible when this Bill of Lading has been negotiated or transferred for valuable consideration to a third party acting in good faith.
6.1 In addition to the liberties given to the Carrier under the other clauses hereof it is agreed that the Carrier shall be entitled to sub contract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by the Carrier in relation to the goods.
6.2 The expression sub contractor in this clause shall include direct and indirect sub contractors, including stevedores and their respective servants and agents.
6.3 Himalaya Clause: For the purposes and subject to the provisions of this Bill of Lading, the Carrier shall be responsible for the acts and omissions of any person of whose services it makes use for the performance of the contract evidenced by this Bill of Lading. The Merchant undertakes that no claim or allegation shall be made against any person or vessel whatsoever, other than the Carrier. If any claim or allegation should nevertheless be made against any person or vessel other than the Carrier, the Merchant agrees to indemnify and hold harmless the Carrier against all consequences thereof. Without prejudice to the foregoing, all defenses and limitations of the Carrier shall be available to all persons of whose services the Carrier makes use for the performance of this contract. Such persons shall include, but shall not be limited to, the Carrier’s servants or agents, independent contractors, including stevedores, terminal operators, carpenters, lashers, container repairmen, and all other persons of whose services the Carrier makes use to perform this contract. In entering into this Contract, the Carrier, to the extent of these provisions, does so not only on its own behalf, but also as agent or trustee for such persons and vessels and such persons and vessels shall to this extent be or be deemed to be parties of this Contract.
8.1 The Merchant shall be deemed to have guaranteed to the Carrier the accuracy, at the time the goods were taken in charge by the Carrier, of the description of the goods, marks, numbers, quantity and weight as furnished by it and the Merchant shall indemnify the Carrier against all loss, damage and expenses arising or resulting from inaccuracies in or inadequacy of such particulars.
8.2 The Merchant shall be liable for any loss, damage or injury caused by faulty or insufficient packing of goods or by faulty loading or packing within containers when such loading or packing has been performed by the Merchant or on behalf of the Merchant or by the defect or unsuitability of the containers, when supplied by the Merchant, and shall indemnify the Carrier against any additional expenses so caused.
9.1 The Merchant shall comply with rules which are mandatory according to the national law or by reason of international Convention, relating to the carriage of goods of a dangerous nature, and shall in any case inform the Carrier in writing of the exact nature of the danger, before goods of a dangerous nature are taken in charge by the Carrier and indicate, if need be, the precautions to be taken.
9.2 If the Merchant fails to provide such information and the Carrier is unaware of the dangerous nature of the goods and the necessary precautions to be taken and if, at any time, they are deemed to be a hazard to life or property, they may at any place be unloaded, destroyed or rendered harmless, as circumstances may require, without compensation, and the Merchant shall be liable for all loss, damage, delay or expenses arising out of their being taken in charge, or their carriage, or of any service incidental thereto. The burden of proving the Carrier knew the exact nature of the danger constituted by the carriage of the said goods shall rest upon the person entitled to the goods.
9.3 If any goods shipped with the knowledge of the Carrier as to their dangerous nature shall become a danger to the vehicle or cargo, they may in like manner be unloaded or landed at any place or destroyed or rendered innocuous by the Carrier, without liability on the part of the Carrier, except to General Average, if any.
13.1 Port to Port Shipment
The responsibility of the Carrier is limited to that part of the carriage which commences when cargo is delivered into the custody of the Carrier and ends when the Carrier delivers the cargo from the custody and control of the Carrier to another party and the Carrier shall not be liable for any loss or damage whatsoever in respect of the goods or for any other matter arising during any other part of the carriage even though charges for the whole carriage have been charged by the Carrier.
13.2 Combined Transport
Save as otherwise provided in this Bill of Lading, the Carrier shall be liable for loss of or damage to the goods occurring between the time it takes the goods into its charge and the time of delivery of the goods from its charge. In addition to all other defenses contained in this Bill of Lading, the law incorporated into this Bill of Lading, and the law governing this Bill of Lading, the Carrier shall be relieved of liability for any loss or damage caused by:
a) an act or omission of the Merchant or person other than the Carrier acting on behalf of the Merchant or from whom the Carrier took the goods in charge;
b) insufficiency or defective conditions of the packing or marks and/or numbers;
c) handling, loading, stowage or unloading of the goods by the Merchant or any person acting on behalf of the Merchant;
d) inherent vice of the goods;
e) strike, lockout, stoppage or restraint of labour;
f) a nuclear incident if the operator of a nuclear installation or a person acting for it is liable for this damage under an applicable international Convention or national law governing liability in respect of nuclear energy;
g) any cause or event which the Carrier could not avoid or the consequences whereof it could not prevent by the exercise of reasonable diligence.
When the Carrier establishes that, in the circumstances of the case, the loss or damage could be attributed to one or more of the causes or events specified in b) to d) above, it shall be presumed that it was so caused. The claimant shall, however, be entitled to prove that the loss or damage was not, in fact, caused wholly or partly by one or more of these causes or events.
14.1 When the Carrier is liable for compensation in respect of loss of or damage to the goods, such compensation shall be calculated by reference to the value of such goods at the place and time they are delivered to the Consignee in accordance with the contract or should have been so delivered.
The value of the goods shall be fixed according to the current commodity exchange price, or if there shall be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.
A) Where the stage of Carriage where the loss or damage occurred can be proved, the liability of the Carrier shall be determined by the provisions contained in any international convention or national law of the country which provisions
a) cannot be departed from by private contract to the detriment of the Merchant, and
b) would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the particular stage of carriage where the loss or damage occurred and had received as evidence thereof any particular document which must be issued in order to make such international convention or national law applicable.
With respect to the transportation in the United States of America or in Canada to the Port of Loading or from the Port of Discharge, the responsibility of the Carrier shall be to procure transportation by carriers (one or more) and such transportation shall be subject to the inland carrier’s contracts of carriage and tariffs and any law compulsorily applicable as well as subject to any liability limitations contained in said inland carrier’s contracts. The Carrier guarantees the fulfillment of such inland carriers’ obligations under their contracts and tariffs and the terms and conditions contained in these contracts and tariffs shall be incorporated into this Bill of Lading. If there is no such international convention or national legislation applicable to the stage of carriage, the liability of the carrier shall be determined in accordance with the provisions of Clause 14.2 B) below.
B) Where the stage of Carriage where the loss or damage occurred cannot be proved, compensation shall not, however, exceed US$ 2.00 per kilo of gross weight of the goods lost or damaged provided that the Hague Rules or the Hague Visby Rules or any legislation applying such Rules (such as COGSA or COGWA) is not compulsorily applicable.
C) Where neither 14.2 A) nor 14.2 B) above apply, any liability of the carrier shall be determined in accordance with Clause 14.2 B).
14.3 If the Merchant, with the consent of the Carrier, has declared a higher value for the goods and such higher value has been stated in the Bill of Lading, such higher value shall be the limit.
However, the Carrier shall not, in any case, be liable for an amount greater than the actual loss to the person entitled to make the claim.
14.4 Where the Hague Rules, the Hague Visby Rules or any legislation making such Rules compulsorily applicable (such as COGSA or COGWA) to this Bill of Lading apply, the Carrier shall not, unless a declared value has been noted in accordance with sub clause 14.2, be or become liable for any loss or damage to or in connection with the goods in an amount per package or shipping unit in excess of the package or shipping unit limitation as laid down by such Rules or legislation. Such limitation amount, according to COGSA is US$ 500. per package or shipping unit and according to COGWA is Can$ 500. per package or shipping unit. If no limitation amount is applicable under such Rules or legislation, the limitation shall be US$ 500. .
Where a container is used to consolidate goods and such container is stuffed by the Carrier, the number of packages or shipping units stated on the face of this Bill of Lading in the box provided shall be deemed the number of packages or shipping units for the purpose of any limit of liability per package or shipping unit provided in any international Convention or national law relating to the carriage of goods by sea. Except as aforesaid the container shall be considered the package or shipping unit.
20.1 The Carrier shall use reasonable endeavours to complete the transport and to deliver the goods at the place designated for delivery.
20.2 If at any time the performance of the contract as evidenced by this Bill of Lading is or will be affected by any hindrance, risk, delay, difficulty or disadvantage of whatsoever kind, and if by virtue of sub clause 20.1 or cause, the liability for which the Carrier is excused by this Bill of Lading, law, regulation or custom, the Carrier (whether or not the transport is commenced) may elect to
a) treat the performance of this contract as terminated and place the goods at the Merchant’s disposal at any place which the Carrier shall deem safe and convenient; or
b) deliver the goods at the place designated for delivery.
In any event the Carrier shall be entitled to full freight for goods received for transportation and additional compensation for extra costs resulting from the circumstances referred to above.
21.1 Freight shall be deemed earned on receipt of the goods by the Carrier and shall be paid in any event ship lost or not lost.
21.2 The Merchant’s attention is drawn to the stipulations concerning currency in which the freight and charges are to be paid, rate of exchange, devaluation and other contingencies relative to freight and charges in the relevant tariff conditions. If no such stipulation as to devaluation exists or is applicable the following clause shall apply: If the currency in which freight and charges are quoted is devalued between the date of the freight agreement and the date when the freight and charges are paid, then all freight and charges shall be automatically and immediately changed in proportion to the extent of the devaluation or revaluation of the said currency.
21.3 For the purpose of verifying the freight basis, the Carrier reserves the right to have the contents of containers inspected in order to ascertain the weight, measurement, value, or nature of the goods. If on such inspection it is found that the declaration is not correct, it is agreed that a sum equal either to five times the difference between the correct freight and the freight charged or double the correct freight less the freight charged, whichever sum is the smaller, shall be payable as liquidated damages to the Carrier notwithstanding any other sum having been stated on this Bill of Lading as the freight payable.
21.4 All dues, taxes and charges levied on the goods and other expenses in connection therewith shall be paid by the Merchant.
21.5 The Merchant shall reimburse the Carrier in proportion to the amount of freight for any costs for deviation or delay or any other increase of costs of whatever nature caused by war, warlike operations, epidemics, strikes, government directions or force majeure.
23.1 The Carrier may declare General Average which shall be adjustable according to the York/Antwerp Rules of 1974 any place at the option of the Carrier and the Amended Jason Clause as approved by BIMCO is to be considered incorporated herein and the Merchant shall provide such security as may be required by the Carrier in this connection.
23.2 Notwithstanding sub clause 23.1 above, the Merchant shall defend, indemnify and hold harmless the Carrier respect of any claim (and any expense arising therefrom) of General Average nature which may be made on the Carrier and shall provide such security as may be required by the Carrier in this connection.
23.3 The Carrier shall be under no obligation to take any steps whatsoever to collect security for General Average contributions due to the Merchant.