RECEIVED by the Ocean or Inland Carrier from the Merchant in apparent good order and condition
unless otherwise indicated, the Goods, or the container(s) or package(s) said to
contain the Goods, to be carried subject to all the terms on the face and back of this Bill of
Lading, from the place of receipt or the port of loading to the port of discharge or place of
delivery, there to be delivered. If required by the Ocean Carrier, this bill of Lading duly
endorsed must be surrendered in exchange for the Goods or delivery order. None of the
terms of this Bill of Lading can be waived by or for the Ocean Carrier except by express
waiver signed by a duly authorized agent of Ocean Carrier.
1. (Definitions) When used in this Bill of Lading (A) "Ocean Carrier" means
(_________insert Carrier Name and d/b/a name(s)_______________), which performs the sea
carriage of Goods, and the vessel, her owner, and demise charterer, whether any of the
preceding parties is acting as carrier or bailee.
(B) "Inland Carrier" means carriers (other than the Ocean Carrier) by land, water or
air, participating in combined transport of the Goods, whether acting as carrier or bailee.
(C) "Combined Transport" means carriage of the Goods under this Bill of Lading
from place of receipt from Merchant to place of delivery to Merchant by the Ocean Carrier
plus one or more Inland Carriers.
(D) "Port-to-Port Transportation" means carriage of the Goods under this Bill of
Lading other than combined transport.
(E) "Merchant" includes the shipper, consignor, consignee, owner, and receiver of the
Goods and the holder of this Bill of Lading.
(F) "Goods" mean the cargo described on the face of this Bill of Lading and, if the
cargo is packed into container(s) supplied or furnished by or on behalf of the Merchant,
include the container(s) as well.
(G) "Vessel" includes the vessel named on the face of this Bill of Lading and any
ship, craft, lighter, barge or other means of transport that is substituted in whole or in part for
that vessel.
(H) "Container" includes any containers (including an open top container) flat rack,
platform, trailer, transportable tank, pallet or any other device used for transportation of
goods.
(I) "Laden on Board" or similar words endorsed on this Bill of Lading means that the
Goods have been loaded on board the Vessel or are in the custody of the Ocean Carrier, and
in the event of Combined Transport if the originating carrier is an Inland Carrier. "On Board"
means that the Goods have been loaded on board rail cars or other means of Inland carriage
or are in the custody of a participating railroad or other Inland Carrier.
(J) "Subcontractor" includes stevedores, longshoremen, lighterers, terminal operators,
warehousemen, truckers, agents, servants, and any person, firm, corporation or other legal
entity which performs services incidental to the carriage of the Goods.
(K) "United States" or "U.S." means the United States of America.
2. (Clause Paramount) (A) Insofar as this Bill of Lading covers carriage of Goods by
water, this Bill of Lading shall have effect subject to the provisions of the "Hague Rules",
namely the International Conventions for the Unification of Certain Rules Relating to Bills of
Lading, dated at Brussels, August 25, 1924, as amended (including, where enacted, the
Protocol dated at Brussels, February 23, 1968, known as the Visby Rules), as enacted in the
country of shipment. When no such enactment is in force in the country of shipment or is
otherwise compulsorily applicable, the Hague Rules as enacted in the country of destination
shall apply. When no such enactment is in force in the country of shipment or in the country
of destination, or is otherwise compulsorily applicable, the terms of the Hague Rules as
enacted by the Convention shall apply. (B) If this Bill of Lading covers Goods moving to or
from ports of the United States in foreign trade, then carriage of such goods shall be subject
to the provisions of the United States Carriage of Goods by Sea Act, 1936, 46 U.S.C.
P1300-1315 as amended (hereinafter "U.S. COGSA"), the terms of which shall be
incorporated herein. The provisions of U.S. COGSA shall (except as otherwise specifically
provided in this Bill of Lading) govern throughout the time when the Goods are in the
custody of the Ocean Carrier and any other water carrier and as otherwise provided in this
Bill of Lading.
3. (Law and Jurisdiction) Whenever the Carriage of Goods by Sea Act 1936
(COGSA) of the United States of America applies, this contract is to be governed by United
States Law. In all other cases actions against the Carrier may only be instituted in the
country where the Carrier has its principal place of business and shall be decided according to
the law of such country.
4. (Limitation of Liability Statutes) Nothing in this Bill of Lading shall operate to
limit or deprive the Ocean Carrier of any statutory protection, exemption from, or limitation
of liability authorized by the applicable laws, statutes, or regulations of any country.
5. (Sub-Contracting: Exemptions and Immunities of Subcontractors) (A) The Ocean
Carrier shall be entitled to subcontract on any terms the whole or part of the handling,
storage, or carrier of the Goods and any and all duties whatsoever undertaken by the Ocean
Carrier in relation to the Goods. (B) Merchant warrants that no claim shall be made against
any Subcontractor (as defined in Article 1 (J), or Subcontractor, of Ocean Carrier, except
Inland Carriers where otherwise appropriate, that imposes or attempts to impose upon any of
them or any vessel owned or operated by any of them any liability in connection with the
Goods, and, if any such claims should nevertheless be made, to indemnify the Ocean Carrier
against all consequences of such claims. (C) Without prejudice to the foregoing, it is
expressly agreed that every such Subcontractor (and Subcontractor's Subcontractor) shall have
the benefit of all provisions in this Bill of Lading for the benefit of the Ocean Carrier as if
such provisions were expressly for the Subcontractor's benefit. In entering into this contract
the Ocean Carrier, to the extent of those provisions, does so not only on its own behalf of
such Subcontractors.
6. (Route to Transport) (A) The Goods may, at the Ocean Carriers absolute discretion,
be carried as a single shipment or as several shipments by the Vessel and/or any other means
of transport by land, water, or air and by any route whatsoever, whether or not such route is
the direct, advertised, or customary route. (B) The Vessel shall have liberty to call and/or
stay at any port or place in or out of the direct, advertised, or customary route, once or more
often and in any order, and/or to omit calling at any port or place whether scheduled or not.
(C) The Vessel shall have liberty , either with or without the Goods on board and either
before or after proceeding toward the port of discharge to adjust to compasses and other
navigational instruments, make trial trips or tests, dry dock, go to repair yards, shift berths,
take on fuel or stores, embark or disembark any person, carry contraband, explosives,
munitions, war-like stores and hazardous cargo, sail with or without pilots, tow or be towed,
and save or attempt to save life or property. (D) If the Goods in whole or in part are for any
reason not carried on the Vessel named in this Bill of Lading, or if loading the Goods is
delayed or is likely to detain the Vessel, the Vessel may proceed without carrying or loading
the Goods in whole or in part, and notice to merchant of such sailing is hereby waived.
Ocean Carrier may forward the Goods under the terms of this Bill of Lading on the next
available ship or at Ocean Carrier's option by any other means of transportation, whether by
land, water or air. (E) At Ocean Carrier's option and without notice to Merchant, another ship
or ships may be substituted for the Vessel named in this Bill of Lading, whether or not the
substitute ship is owned or operated by Ocean Carrier or arrives or departs, or is scheduled to
arrive or depart, before or after the Vessel named by this Bill of Lading. (F) Any action
taken by the Ocean Carrier under this Article 6 shall be deemed to be included within the
contractual carriage and such action, or delay resulting therefrom, shall not be considered a
deviation. Should the Ocean Carrier be held liable in respect of such action, the Ocean
Carrier shall be entitled to the full benefit of all privileges, rights, and immunities contained
in this Bill of Lading.
7. (Responsibility) (A) Insofar as this Bill of Lading is used for Port-to-Port
Transportation of the Goods, the Ocean Carrier shall not be responsible for loss of or damage
to the Goods caused before loading or after discharge "Loading" shall be deemed to
commence with the hooking on the vessel's tackle, or if not using the vessel's tackle, with the
receipt of the Goods on deck or in the hold of (if the Goods are in bulk liquid) in the vessel's
permanent pipe connections. "Discharge" shall be deemed to be completed when the Goods
have been unhooked from the vessel's tackle o removed from the vessel's deck or passed
beyond the vessel's permanent pipe connections. (B) Insofar as this Bill of Lading is used for
combined transport of the Goods, the responsibility of the Ocean Carrier and each Inland
Carrier with respect to the Goods shall be limited to the period when the carrier has custody
of the Goods, and no carrier, either Ocean or Inland, shall be responsible for any loss or
damage caused while the Goods are not in its custody. Any claim for loss of o or damage to
the Goods, including loss or damages resulting from delay, should be made against the carrier
having custody of the Goods when the loss or damage or delay was caused. (C) If it is
established by the Merchant that the Ocean Carrier is responsible for loss of or damage to or
in connection with the Goods, such responsibility, subject to the provisions of this Bill of
Lading, shall be to the extent following but not further: (1) With respect to loss or damage
caused during the period from the time when the Goods arrived at the sea terminal at the port
of loading to the time when they left the sea terminal at the port of discharge, or caused
during any previous or subsequent period of carriage by sea or waterways, to the extent
prescribed by the applicable Hague Rules as provided in Article 2. (2) Save as indicated b
(1) above, with respect to loss or damage caused during the handling, storage of the Goods by
Ocean Carrier's Subcontractor, to the extent to which such Subcontractor would have been
liable to the Merchant if he had made a direct and separate contract with the Merchant in
respect of such handling, storage or carriage, provided, however, that if the Ocean Carrier is
not authorized under any applicable laws, rules or regulations to undertake such handling,
storage, or carriage under its own responsibility, the Ocean Carrier shall only be liable for
procuring such handling, storage or carriage. If such handling, storage or carriage occurred in
or between points in Europe, or where otherwise applicable, such responsibility shall be
governed (a) if by road by the Convention on the Contract for the International Carriage of
Goods by Road, dated 19 May, 1956 (CMR); (b) if by rail, by the International Convention
Concerning the Carriage of Goods by Rail, dated 25 February, 1961 (CIM); (c) if by air, by
the Convention for the Unification of Certain Rules Relating to International Carriage by Air,
signed Warsaw 12 October, 1929, as amended by the Hague Protocol dated 28 September,
1955 (Warsaw Convention); (d) If it is established by the Merchant that an Inland Carrier is
responsible for loss of or damage to or in connection with the Goods, such responsibility shall
be to the extent, but not further, than the Inland Carrier would have been liable to the
Merchant if he had made a direct and separate contract with the Merchant in respect of
handling, storage or carriage of the Goods, as applicable. (e) Notwithstanding foregoing
Article 7 (A) or 7 (B), the Ocean Carrier does not undertake that the Goods shall arrive at
the port of discharge or place of delivery at any particular time or in time to meet any
particular market o ruse, and the Ocean Carrier shall not be responsible for any direct or
indirect loss or damage that is caused through delay. (f) If this Bill of Lading is used for
Port-to-Port Transportation, the column indicating final destination on the face of this Bill of
Lading is solely for the purpose of the Merchant's reference, and the Ocean Carrier's
responsibility for the Goods shall in all cases cease at the time of discharge of the Goods at
the port of discharge.
8. (Liberties) (A) In any situation whatsoever whether or not existing or anticipated
before commencement of or during the transport, which in the judgement of the Ocean
Carrier (including for the purpose of this Article the Master and any person charged with the
transport or safekeeping of the Goods) has given or is likely to give rise to danger, injury,
loss, delay, or disadvantage of whatsoever nature to the Vessel, the Ocean Carrier, a vehicle,
any person, the Goods or any property, or has rendered or is likely to render it in any way
unsafe, impracticable, unlawful, or against the interest of the Ocean Carrier or the Merchant to
commence or continue the transport or to discharge the Goods at the port of discharge or to
deliver the Goods at the place of delivery by the route and in the manner originally intended
by the Ocean Carrier, the Ocean Carrier (1) at any time shall be entitled to unpack the
container(s) or otherwise dispose of the Goods in such way as the Ocean Carrier may deem
advisable at the risk and expense of the Merchant and/or (2) before the Goods are loaded on
the Vessel, a vehicle, or other means of transport at the place of receipt or port of loading,
shall be entitled to cancel the contract of carriage without compensation and to require the
Merchant to take delivery of the Goods and, upon his failure to do so, to warehouse or place
them at any place selected by the Ocean Carrier at the risk and expense of the Merchant
and/or (3) if the Goods are at a place awaiting transshipment, shall be entitled to terminate the
transport there and to store them at any place selected by the Ocean Carrier at the risk and
expense of the Merchant, and/or (4) if the Goods are loaded on the Vessel, a vehicle, or other
means of transport whether or not approaching, entering, or attempting to enter the port of
discharge or to reach the place of delivery or attempting or commencing to discharge, shall be
entitled to discharge the Goods or any part of them at any port or place selected by the Ocean
Carrier or to carry them back to the port of loading or place of receipt and there discharge
them . Any actions under (3) or (4) above shall constitute complete and final delivery and
full performance of this contract, and the Ocean Carrier thereafter shall be free from any
responsibility for carriage of the Goods. (B) If, after storage, discharge, or any actions
according to subpart (A) above the Ocean Carrier makes arrangements to store and/or forward
the Goods, it is agreed that he shall do so only as agent for and at the sole risk and expense
of the Merchant without any liability whatsoever in respect of such agency. The Merchant
shall reimburse the Ocean Carrier forthwith upon demand for all extra freight charges and
expenses incurred for any actions taken according to subpart (A), including delay or expense
to the Vessel, and the Ocean Carrier shall have a lien upon the Goods to that extent. (C) The
situations referred to in subpart (A) above shall include, but shall not be limited to, those
caused by the existence or apprehension of war declared or undeclared, hostilities, riots, civil
commotions, or other disturbances closure of, obstacle in, or danger to any port or canal,
blockade, prohibition, or restriction on commerce or trading quarantine, sanitary, or other
similar regulations or restrictions,, strikes, lockouts or other labor troubles whether partial or
general and whether or not involving employees of the Ocean Carrier or its Subcontractors,
congestion of port, wharf, sea terminal, or similar place, shortage, absence or obstacles of
labor or facilities for loading, discharge, delivery, or other handling of the Goods, epidemics
or diseases, bad weather, shallow water, ice, landslip, or other obstacles in navigation or
carriage (D) The Ocean Carrier, in addition to all other liberties provided for in this Article,
shall have liberty to comply with orders, directions, regulations or suggestions as to navigation
or the carriage or handling of the Goods or the Vessel howsoever given, by any actual or
purported government or public authority, or by any committee or person having under the
terms of any insurance on the Vessel, the right to give such order, direction, regulation, or
suggestion. If by reason of and/or in compliance with any such order, direction, regulation,
or suggestions, anything is done or is not done the same shall be deemed to be included
within the contractual carriage and shall not be a deviation.
9. (Description and Particulars of Goods) Any reference on the face of this Bill of
Lading to marks, numbers, description, quantity, quality, gauge, weight, measure, nature, kind,
value, and any other particulars of the Goods, is as furnished by the Merchant. The Ocean
Carrier shall not be responsible for the accuracy of any such reference and is not bound
thereby. The Merchant warrants to the Ocean Carrier that the descriptions and particulars
furnished by him are correct, and the Merchant shall indemnify the Ocean Carrier against all
loss, damage, expenses, liability, penalties and fines arising or resulting from inaccuracy of
any description or particular.
10. (Use of Container) When the Goods are not already packed into a container at the
time of receipt by the Ocean Carrier, the Ocean Carrier shall be at liberty to pack and carry
the Goods in any type of container.
11. (Ocean Carrier's Container) (A) The Merchant assumes full responsibility for and
shall indemnify the Ocean Carrier against any loss of or damage to the Ocean Carrier's
containers and other equipment if the loss or damage is caused or occurs while in the
possession or control of the Merchant, his agents, or common carriers engaged by or on
behalf of the Merchant (B) The Ocean Carrier shall in no event be liable for, and the
Merchant shall indemnify and hold the Ocean Carrier harmless from, any death of or injuries
to persons, or loss of or damage to property, caused by the Ocean Carrier's container or its
contents while in the possession or control of the Merchant, his agents, or common carriers
engaged by or on behalf of the Merchant.
12. (Container Packed by Merchant) If the cargo received by the Ocean or Inland
Carrier is in a container packed by or on behalf of the Merchant. (A) this Bill of Lading is
prima facie evidence of the receipt only of the number on the face of this Bill of Lading.
The condition and particulars of the contents are unknown to the Ocean and Inland Carriers,
and the Ocean Carrier accepts no responsibility for the accuracy of the description of
condition or particulars. (B) The Merchant warrants (1) that the stowage of the contents of
the containers and the closing and sealing of the containers are safe and proper, and (2) that
the containers and their contents are suitable for handling and carriage in accordance with the
terms of this Bill of Lading, including Article 15. In the event of the Merchant's breach of
any of these warranties, the Merchant and not the Ocean Carrier shall be responsible for, and
the Merchant shall indemnify and hold Ocean Carrier harmless from, any resulting loss or
damage to persons or property (including the Goods) (C) The Merchant shall inspect the
container when it is furnished by or on behalf of the Ocean Carrier, and the container shall be
deemed to have been accepted by the Merchant as being in sound and suitable condition for
the purpose of the transport contracted for in this Bill of Lading, unless the Merchant gives
notice to the contrary, in writing, to the Ocean Carrier before the transport. (D) If the
container is delivered after transport by the Ocean or Inland Carrier with seals intact, such
delivery shall be deemed to be full and complete performance of the Ocean Carrier's
obligation under this Bill of Lading, and the Ocean Carrier shall not be liable for any loss of
or damage to the contents of the container. (E) The Ocean and Inland Carrier shall have the
right to open the container and to inspect its contents without notice to the Merchant, at such
time and place as the Ocean or Inland Carrier may deem necessary, and all expenses incurred
therefrom shall be borne by the Merchant. (F) If any seal of the container is broken by
customs or other authorities for inspection of its contents, the Ocean Carrier shall not be liable
for any resulting loss, damage or expenses.
13. (Special Carriage or Container) (A) The Ocean Carrier does not undertake to
carry the Goods in refrigerated, heated, insulated, ventilated, or any other special hold or
container, nor to carry any special container packed by or on behalf of the Merchant, but the
Ocean Carrier will treat such Goods or container only as ordinary goods or dry container,
respectively, unless: (1) special arrangements for the carriage of such Goods or container have
been agreed to in writing between the Ocean Carrier and the Merchant; (2) such special
arrangements are noted on the face of this Bill of Lading; and (3) special freights as required
has been paid. The Ocean Carrier shall not be responsible for the function of a special
container supplied by or on behalf of the Merchant. (B) The Ocean Carrier shall not be liable
for any loss of or damage to Goods in a special hold or container arising from latent defects,
breakdown, or stoppage of the refrigeration or heating machinery, insulation, ship's plant, or
other such apparatus of the Vessel or container, provided that the Ocean Carrier shall before
or at the beginning of the transport exercise due diligence to maintain the special hold or
container in an efficient state. (c) If the Goods have been packed into a refrigerated container
by the Ocean or Inland Carrier, and the particular temperature range requested by the
Merchants is inserted in this Bill of Lading, the Ocean Carrier will set the thermostatic
controls within the requested temperature range but does not guarantee the maintenance of
such temperature inside the container. (D) If the cargo received by the Ocean or Inland
Carrier is in a refrigerated container packed by or on behalf of the Merchant, it is the
obligation of the Merchant to stow the contents properly and set the thermostatic controls
exactly. The Ocean Carrier shall not be liable for any loss of or damage to the Goods arising
out of or resulting from the Merchant's failure in such obligation and Ocean Carrier does not
guarantee the maintenance of the intended temperature inside the container.
14. (Dangerous Goods, Contraband) (A) The Ocean Carrier undertakes to carry Goods
of an explosive, inflammable, radioactive, corrosive, damaging, poisonous, or dangerous
nature only upon the Ocean Carrier's approval of a written application by the Merchant prior
to the carriage of such Goods. Such application must accurately state the name, nature and
classification of the Goods, as well as how they are dangerous and the method o rendering
them innocuous, together with the full names and addresses of the shipper and the consignee.
(B) The Merchant shall undertake that the nature and danger of such Goods is distinctly hand
permanently marked on the outside of the package or container containing the Goods. (C)
Merchant shall submit all documents or certificates required in connection with such Goods
by any applicable statue or regulation or by the Ocean Carrier (D) Whenever the Goods are
discovered to have been received by the Ocean or Inland Carrier without complying with
subparts (A), (B) or (C) above, or the Goods are found to be contraband or prohibited by any
law or regulation of any place during the transport, the Ocean Carrier shall be entitled to have
such Goods rendered innocuous, thrown overboard, discharged, or otherwise disposed of at
the Ocean Carrier's discretion without compensation, and the Merchant shall be liable for and
indemnify the Ocean Carrier against any loss, damage or liability, including loss of freight,
and any other expenses directly or indirectly arising out of custody or carriage of such Goods.
(E) The Ocean Carrier may exercise the right conferred upon it under the preceding subpart
whenever it is apprehended that Goods received in compliance with subparts (A), (B) and (C)
above have become dangerous, even if not dangerous when received by the Ocean or Inland
Carrier. (F) The Ocean Carrier has the right to inspect the contents of any package or
container at any time and place without the prior notice to Merchant and at the risk and
expense of the Merchant.
15 (Stowage Under and on Deck) (A) Goods in containers, vans, trailers, or chassis
may be carried under deck or on deck, and when such Goods are carried on deck the Ocean
Carrier shall not be required to specially note mark, or stamp any statement of "on deck
stowage" on the face of this Bill of Lading, any custom to the contrary notwithstanding. Such
on deck carriage shall not be considered a deviation. (B) Goods stowed in poop, forecastle,
deck house, shelter deck, passenger space, or any other covered-in-space, or stowed in a
container wherever placed, shall be deemed to be stowed under deck for all purposes
including general average. (C) Lumber, earth moving equipment and all other Goods
customarily or reasonably carried on deck may, at Ocean Carrier's option, be carried on deck
without further notice to Merchant and without liability to the Ocean Carrier for the risks
inherent in or incident to such carriage. Such on deck carriage shall not be considered a
deviation. (D) In respect of Goods not in containers and carried on deck, and stated on this
Bill of Lading to be so carried, all risks of loss or damage from perils inherent in or incident
to the custody or carriage of such Goods shall be borne by the Merchant and in all other
respects the Ocean Carrier shall have the benefit of the provisions of the applicable, version
of the Hague Rules (including U.S. COGSA, notwithstanding Section 1301 (c) thereof) and
the terms of this Bill of Lading.
16. (Live Animals and Plants) With respect to the custody and carriage of live
animals and plants, all risks of loss or damage by perils inherent in or incident to such
carriage shall be borne by the Merchant, and in all other respects the Ocean Carrier shall have
the benefit of the provisions of the applicable version of the Hague Rules (including U.S.
COGSA, notwithstanding Section 1301(c) thereof) and the terms of this Bill of Lading.
17. (Valuable Goods) The Ocean Carrier shall not be liable to any extent for any loss
of or damage to or in connection with precious metals, stones, or chemicals, jewelry,
currency, negotiable instruments, securities, writings, documents, works of art, curios,
heirlooms, or any other valuable goods, including goods having particular value only for the
Merchant, unless the true nature and value of the Goods have been declared in writing by the
Merchant before receipt of the Goods by the Ocean or Inland Carrier, the same is inserted on
the face of this Bill of Lading and additional freight has been paid as required.
18. (Heavy Lift) (A) The weight of a single piece or package exceeding 2,240 lbs.
gross must be declared by the Merchant in writing before receipt by the Ocean or Inland
Carrier and must be marked clearly and durably on the outside of the piece or package in
letters and figures not less than two inches high. (B) If the Merchant fails in his obligations
under the preceding subpart (1) the Ocean Carrier shall not be responsible for any loss of or
damage to in connection with the Goods. (2) the Merchant shall be liable for resulting loss of
or damage to any person or property, and (3) Merchant shall indemnify the Ocean Carrier
against any resulting loss, damage, or liability suffered by the Ocean Carrier.
19. (Delivery by Marks) (A) The Ocean Carrier shall not be liable for failure or
delaying delivery in accordance with marks, unless such marks have been clearly and durably
stamped or marked upon the Goods, package, or container by the Merchant before they are
received by the Ocean or Inland Carrier, in letters and numbers not less than two inches high,
together with the names of the port of discharge and place of delivery. (B) In no
circumstances shall the Ocean Carrier be responsible for delivery in accordance with other
than leading marks. (C) The Merchant warrants that the marks on the Goods, packages and
containers correspond to the marks shown on this Bill of Lading and also in all respects
comply with all laws and regulations in force at the port of discharge or place of delivery.
The Merchant shall indemnity the Ocean Carrier against all loss, damage or expenses resulting
from inaccuracy or incompleteness of the marks. (D) Goods that cannot be identified as to
marks or numbers, cargo sweeping liquid residue and any unclaimed goods not otherwise
accounted for may be allocated for the purpose for completing delivery to the various
Merchants of Goods of like character in proportion to any apparent shortage, loss of weight or
damage.
20. (Delivery) (A) The Ocean Carrier shall have the right to deliver the Goods at any
time at the Vessels side, customhouse, warehouse, wharf, or any other place designated by the
Ocean Carrier, within the geographic limits of the port of discharge or place of delivery
shown of the face of this Bill of Lading (B) The Ocean Carrier's responsibility shall cease
when the Goods have been delivered to the Merchant Inland Carrier connecting carrier or any
other person entitled to receive the Goods on Merchant's behalf at the place designated by the
Ocean Carrier Delivery of the Goods to the custody of customs or any other public authority
shall constitute final discharge of the Ocean Carrier's responsibility. (C) In case the cargo
received by the Ocean Carrier is containers packed by or on behalf of the Merchant (1) The
Ocean Carrier shall only be responsible for delivery of the total number of containers received
(2) The Ocean Carrier shall not be required to unpack the containers and deliver their contents
in accordance with brands, marks, numbers sizes, to types of items or pieces (3) At the Ocean
Carrier is discretion and upon the Merchant's request in writing to the Ocean Carrier at least 3
days prior to the scheduled date of arrival the of Vessel at the port of discharge containers
may be unpacked and their contents delivered by the Ocean Carrier in accordance with the
written request. In such a case if the seal of the containers is intact at the time of unpacking
all the Ocean Carrier's obligations under this Bill of Lading shall be deemed to have been
discharged the Ocean Carrier shall not be responsible for any loss or damage resulting from
such delivery and the Merchants shall be liable for an appropriate adjustment of the freight
and any additional charges incurred (D) If the Goods have been packed into a container by
the Ocean Carrier shall unpack the container and deliver its contents and the Ocean Carrier
shall not be required to deliver the Goods in the container At the Ocean Carrier's discretion,
and subject to prior arrangement between the Merchant and the Ocean Carrier the Goods may
be delivered to Merchant in the container, in which case if the container is delivered with
seals intact all the Ocean Carrier's obligations under this Bill of Lading shall be deemed to
have been discharged, and the Ocean Carrier shall not be responsible for any loss or damage
to the contents of the container. (E) Optional delivery shall be granted only when arranged
prior to the time of receipt of the Goods by Ocean Carrier and if expressly stated on the face
of this Bill of Lading. The Merchant desiring to avail himself of the option so expressed
must give notice in writing to the Ocean Carrier at the first port of call named in the option at
least 48 hours prior to the Vessel's arrival there, otherwise the Goods shall be landed at any of
the optional ports at Ocean Carrier's option, and the Ocean Carrier's responsibility shall then
cease. (F) Ocean Carrier is not responsible to give notification, in writing or otherwise, either
to Merchant or others, of the arrival, discharge, or disposition of Goods, any custom or
agreement to the contrary notwithstanding, and notwithstanding any notation on the face of
this Bill of Lading, concerning notification or a notify party.
21. (Transshipment and Forwarding) (A) Whether arranged beforehand or not, the
Ocean Carrier shall be at liberty without notice to carry the Goods wholly or partly by the
named or any other Vessel, craft barge, or other means of transport by water, land or air,
whether or not owned or operated by the Ocean Carrier. (B) The Ocean Carrier may under
any circumstances whatsoever discharge the Goods or any part of them at any port or place
for transshipment and store them afloat or ashore and then forward them by any means of
transport. (C) If the Goods cannot be found at the port of discharge or place of delivery, or if
they be miscarried, they, when found, may be forwarded to their intended port of discharge or
place of delivery at the Ocean Carrier's expense, but the Ocean Carrier shall not be liable for
any loss, damage, delay, or depreciation arising from such forwarding. (D) In case of
Port-to-Port Transportation, transshipment of cargo, or receipt of cargo from ports or inland
points not including within the ship's itinerary or the Ocean Carrier's service, is to be at the
sole risk and expense of the Merchant, and neither the Ocean Carrier not its Vessel shall be
deemed to be the agent or principal of a prior or subsequent carrier notwithstanding the
issuance by the Ocean Carrier of a bill of lading, receipt, or other shipping document at a
time or place prior to that at which the Goods are received by the Ocean Carrier.
22. (Fire) The Ocean Carrier shall not be responsible for any loss of or damage to the
Goods arising from fire occurring at any time, even though before loading on or after
discharge from the Vessel, unless caused by the actual fault or privity of the Ocean Carrier.
23. (Lien) (A) The Ocean Carrier shall have a lien on the Goods, which shall survive
delivery, for all freight, dead freight, demurrage, damages, loss, charges, expenses, and any
other sums (including costs, customs fees, attorney fees, and other fees for recovering the
sums) chargeable to the Merchant under this Bill of Lading and any preliminary contract for
custody or carriage of the Goods. Ocean Carrier may foreclose the lien by selling the Goods
without notice to the Merchant privately or by public auction. If on sale of the Goods the
proceeds fail to cover the amount due and the costs and fees incurred, the Ocean Carrier shall
be entitled to recover the deficit from the Merchant. (B) If the Goods are unclaimed during a
reasonable time, or whenever in the Ocean Carrier's opinion the Goods will become
deteriorated, decayed or worthless, the Ocean Carrier (without responsibility to it) may at its
discretion and subject to its lien, sell, abandon, or otherwise dispose of such Goods at the sole
risk and expense of the Merchant.
24. (Freight and Charges) (A) Freight may be calculated on the basis of the particulars
of the Goods furnished by the Merchant, who shall be deemed to have guaranteed to the
Ocean Carrier the accuracy of the contents, weight, measure, or value as furnished by him at
the time of receipt of the Goods by the Ocean or Inland Carrier, but the Ocean Carrier for the
purpose of ascertaining the actual particulars may at any time and at the risk and expense of
the Merchant open the container or package and examine contents, weight, measure, and value
of the Goods. In case of incorrect declaration of the contents, weight, measure and or value
of the Goods, the Merchant shall be liable for and bound to pay to the Ocean Carrier: (1) the
balance of freight between the freight charged and that which would have been due had the
correct details been given, plus (2) expenses incurred in determining the correct details, plus
(3) as liquidated and ascertained damages, an additional sum equal to the correct freight. (B)
Full freight to the port of discharge or place of delivery shall be considered as completely
earned on receipt of the Goods by the Ocean Carrier, whether the freight be stated or intended
to be prepaid or to be collected at destination. The Ocean Carrier shall be entitled to all
freight and other charges due hereunder, whether actually paid or not and to receive and retain
such freight and charges under any circumstances, whether the Vessel and/or the Goods be
lost or not, or the voyage be broken up, frustrated, or abandoned at any stage of the entire
transit. Full freight shall be paid on damaged or unsound Goods. (C) The Payment of freight
and/or charges shall be made in full and in cash without any offset, counter claim, or
deduction. Where freight is payable at the port of discharge or place of delivery, such freight
and all other charges shall be paid in the currency named in this Bill of Lading, or, at Ocean
Carrier's option, in other currency subject to the regulators of the freight conference
concerned, if any, or custom at the place of payment. (D) Goods once received by the Ocean
Carrier cannot be taken away or disposed of by the Merchant except upon the Ocean Carrier's
consent and after payment of full freight and compensation for any loss sustained by the
Ocean Carrier through such taking away or disposal. (E) If the Goods are not available when
the Vessel is ready to loan: (1) The Ocean Carrier is relieved of any obligation to load such
Goods and the Vessel may leave the port without further notice. (2) Unless the unavailability
arises in the course of combined transport and is caused by the failure of an Inland Carrier to
perform its obligations under this Bill of Lading, dead freight shall be paid by the Merchant.
(F) The Merchant shall be liable for and shall indemnify the Ocean Carrier against: (1) all
dues, duties, taxes, consular fees, and other charges levied on the Goods, and (2) all fines,
damages and losses sustained by the Ocean Carrier in connection with Goods, howsoever
caused, including the Merchant's failure to comply with laws and regulations of any public
authority in connection with the Goods, or failure to procure consular, Board of Health, or
other certificates to accompany the Goods. The Merchant shall be liable for return freight and
changes on any Goods refused exportation or importation by any public authority. (G) If the
Ocean Carrier is of the opinion that the Goods are in need of sorting, inspecting, mending,
repairing, or reconditioning, or otherwise require protecting or caring for, the Ocean Carrier at
its discretion may, by itself or through Subcontractors, and as agent for the Merchant, carry
out such work at the risk and expense of the Merchant. (H) The shipper, consignor,
consignee, owner of the Goods and holder of this Bill of Lading shall be jointly and severally
liable to the Ocean Carrier for the payment of all freight and charges and for the performance
of the obligations of any of them under this Bill of Lading.
25. (Notice of Claim and Time for Suit against Ocean Carrier) (A) Unless notice of
loss or damage and the general nature of such loss or damage be given in writing to the
Ocean Carrier at the port of discharge or place of delivery before or at the time of delivery of
the Goods or, if the loss or damage is not apparent, within 3 days after delivery, the Goods
shall be deemed to have been delivered as described in this Bill of Lading. (B) The Ocean
Carrier shall be discharged from all liability in respect of the Goods, including without
limitation nondelivery, misdelivery, delay, loss, or damage, unless suit has been brought
within one year after delivery of the Goods or the date when the Goods should have been
delivered. Suit shall not be considered to have been "brought" within the time specified
unless process shall have been served on a jurisdiction obtained over the Ocean Carrier within
such time.
26. (Limitation of Liability) (A) Subject to subpart (B) below for the purpose of
determining the extent of the Ocean Carrier's liability for loss of or damage to the Goods, the
Merchant agrees that the value of the Goods is the Merchant's net invoice cost, plus freight
and insurance premium, if paid. The Ocean Carrier shall not be liable for any loss of profit
or any consequential loss. (B) Insofar as the loss of or damage to or in connection with the
Goods was caused during the part of the custody or carriage to which the applicable version
of the Hague Rules applies: (1) The Ocean Carrier shall not be liable for loss or damage in
an amount exceeding the minimum allowable per package or unit in the applicable version of
the Hague Rules, which when U.S. COGSA is applicable is an amount not exceeding U.S.
$500 per package or customary freight unit, unless the value (and nature) of Goods higher
than this amount has been declared in writing by the Merchant before receipt of the Goods by
the Ocean Carrier and inserted on the face of this Bill of Lading and extra freight has been
paid as required. If the actual value of the Goods per package or unit exceeds such declared
value, the value shall nevertheless be deemed to be the declared value, and the Ocean
Carrier's liability, if any, shall not exceed the declared value. Any partial loss or damage
shall be adjusted pro rata on the basis of such declared value. If the declared value has been
willfully misstated or is markedly higher than the actual value, the Ocean Carrier shall not be
liable to pay any compensation. (2) Where the cargo has been packed into a container or
unitized into a similar article of transport by or on behalf of the Merchant, it is expressly
agreed that the number of such containers or similar articles of transport shown on the face of
this Bill of Lading shall be considered as the number of the packages or units for the purpose
of the application of the limitation of liability provided for in this Article.
27. (General Average: New Jason Clause) (A) General average shall be adjusted,
stated and settled at any port or place as the Ocean Carrier's option and according to the
York-Antwerp Rules, 1974 and as to matters not provided for by these Rules, according to the
laws and usages of the port or place of adjustment and in the currency selected by the Ocean
Carrier. The general average statement shall be prepared by the adjusters appointed by the
Ocean Carrier. Average agreement or bond and such cash deposit as the Ocean Carrier may
deem sufficient to cover the estimated contribution of the Goods and any salvage and special
charges thereon and any other additional securities as the Ocean Carrier may require shall be
furnished by the Merchant to the Ocean Carrier before delivery of the Goods. (B) In the
event of accident, danger, damage, or disaster before or after commencement of the voyage,
resulting from any cause whatsoever, whether due to negligence or not for which or for the
consequence of which the Ocean Carrier isn't responsible by statue, contract, or otherwise, the
Goods and the Merchant shall jointly and severally contribute with the Ocean Carrier in
general average to the payment of any sacrifices, loss, or expenses of a general average nature
that may be made or incurred, and shall pay salvage and special charges incurred in respect of
the Goods. If a salvage ship is owned or operated by the Ocean Carrier, salvage shall be paid
for as fully and in the same manner as if such salvaging ship belonged to strangers.
28. (Both to Blame Collision) If the Vessel comes into collision with another ship as
a result of the negligence of the other ship and any act, neglect, or default of the Master,
mariner, pilot, or servants of the owner of the Vessel in the navigation or in the management
of the Vessel, the Merchant shall indemnify the Ocean Carrier against all loss or liability
which might be incurred directly or indirectly to the other or non-carrying ship or her owners
insofar as such loss or liability represents loss of or damage to his Goods or any claim
whatsoever of the Merchant paid or payable by the other or non-carrying ship or her owners
to the Merchant and set-off, recouped, or recovered by the other or non-carrying ship or her
owners as part of their claim against the carrying Vessel or its owner. The foregoing
provisions shall also apply where the owners, operators, or those in charge of any ship or
ships or objects other than, or in addition to the colliding ships or objects are at fault in
respect of a collision contact stranding or other accident.
29. (Carriage of Metal Products, Lumber, Cotton) (A) The term "apparent good order
and condition" when used in this Bill of Lading does not mean: (1) with reference to iron,
steel, or metal products, that the Goods when received were free from visible rust or moisture.
(2) with reference to lumber, timber, plywood, or other wood products, that the Goods when
received were free from visible stains, discoloration, moisture, shakes, holes, chaffed,
breakage or splitting. If the Merchant so requests a substitute bill of lading will be issued
setting forth any notations as to the foregoing that may appear on the mate's or tally clerk's
receipts or similar document. (B) Description of the condition of cotton cargo does not relate
to the sufficiency or not or condition of the covering nor to any damage, resulting therefrom.
Ocean Carrier shall not be responsible for any such damage.
30. (Grain) Discharge of grain received by the Ocean Carrier in bulk may be in port,
on barges, and or lighters, or elsewhere, using or not using elevators, and such discharge shall
constitute a sufficient delivery by the Carrier. Thereafter said grain shall be at the risk and
expense of the Merchant.
31. (Intermodal Transportation) (A) This Bill of Lading may be issued for Intermodal
Transportation in any country. When so issued as between the Merchant and an Inland
Carrier custody and carriage of the Goods by the Inland Carrier are subject to the relevant
laws, regulations, tariffs and bill of lading are available from the Ocean or Inland Carrier
upon request. (B) Claims by the Merchant against an Inland Carrier for loss or damage shall
be given and suit commenced as provided in the Inland Carrier's applicable bill of lading
32. (Ocean Carrier's Tariff) This Bill of Lading is subject to the Ocean Carrier's
application tariff. Copies of the applicable tariff are obtainable from the Ocean Carrier upon
request.
33. (Severability of Terms) The terms of this Bill of Lading are severable and if any
part or term is declared invalid or unenforceable, the validity or enforceability, of any other
part or term shall not be affected.
34. (Himalaya Clause) All exceptions, exemptions defenses immunities, limitations on
liability, privileges and conditions granted or provided by this Bill of Lading or by applicable
tariff or by statue or for the benefit of the Carrier shall also apply to and for the benefit of the
officers and employees of the Carrier and the agents, officers and crew of the Vessel and to
and for the benefit of all parties performing services in connection with the Goods as agents
or contractors of the Carrier (including, without limitation, stevedores, terminal operators and
agents) and the employees of each them.