Terms and Conditions
Owner Number Rule Sub Rule Filed Effective
FALXPR 004 008 07-APR-1995 07-MAY-1995
Bill(s) of Lading
===== ATFI Filing Information =====
Amendment File Effective Thru Expiration Special
Codes Date Date Date Date Status Case
I 07-APR-1995 07-MAY-1995 F
All property to be transported shall be held, carried and
delivered subject to the provisions of the Carrier's
applicable form of Bill of Lading as follows:
a) Except as otherwise provided herein, this Bill of Lading
shall have effect subject to the provisions of the
Carriage of Goods by Sea Act of the United States of
America, approved April 16, 1936, which shall be deemed
to be incorporated herein, and 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 or liabilities under said Act. The
provisions stated in said Act (except as otherwise
specifically provided herein) shall govern before loading
on and after discharge from the vessel and throughout the
entire time the Goods are in the custody of the
Carrier. If this Bill of Lading is issued or
delivered in a locality where there is in force a
compulsorily applicable Carriage of Goods by Sea Act,
Ordinance or Statute of a nature similar to the
International Convention for the Unification of Certain
Rules Relating to Bills of Lading dated at Brussels,
August 25, 1924, it shall be subject to the provisions of
said Act, Ordinance or Statute and rules thereto annexed.
b) The Carrier shall be entitled to the full benefit of,
and right to, all limitations of, or exceptions from,
liability authorized by any provisions of Sections 4281
to 4288, inclusive, of the Revised Statutes of the United
States and amendments thereto and of any other provisions
of the laws of the United States or of any other country
whose laws shall apply.
In this Bill of Lading
(a) "Carrier" means and includes_________________the Carrier
named on the face side hereof, the vessel, her owner,
Master, operator, demise charterer, and if bound hereby,
the time charterer, and any substitute Carrier whether
the owner, operator, charterer or Master shall be acting
as carrier or bailee.
(b) "Vessel" means and includes the ocean vessel on which
the Goods are shipped, named on the face hereof, or any
substitute vessel, also any feedership, ferry, barge,
lighter or any other watercraft used by the Carrier in
the performance of this contract.
(c) "Merchant" means and includes the shipper, the
consignee, the receiver, the holder of this bill of
lading, the owner of the Goods or person entitled to the
possession of the Goods and the servants or agents of
any of these.
(d) "Charges" means and includes freight and all expenses
and money obligations incurred and payable by the
Merchant.
(e) "Goods" means and includes the cargo received from the
shipper and described on the face side hereof and any
Container not supplied by or on behalf of the Carrier.
(f) "Container" means and includes any container, van,
trailer, transportable tank, flat, pallet or any similar
article of transport.
(g) "Person" means and includes an individual, corporation,
partnership or other entity as the case may be.
(h) "Participating Carrier" means and shall include any
other water, land or air carrier performing any stage of
the Combined Transport.
It is understood and agreed that other than the said
Carrier, no person whatsoever (including the Master officers
and crew of the vessel, all servants, agents, employees,
representatives, and all stevedores, terminal operators,
crane operators, watchmen, carpenters, ship cleaners,
surveyors and other independent contractors whatsoever) is
or shall be deemed to be liable with respect to the goods as
carrier, bailee or otherwise howsoever in contract or in
tort. If, however, it should be adjudged that any other
than said carrier is under any responsibility with respect
to the Goods, all limitations of and exonerations from
liability provided by law or by the terms hereof shall be
available to such other persons as herein described in
contracting for the foregoing exemptions, limitations and
any exonerations from liability, the Carrier is acting as
agent and trustee for and on behalf of all persons described
above, all of whom shall to this extent be deemed to be a
party to this contract evidenced by this Bill of Lading it
being always understood that said beneficiaries are not
entitled to any greater or further exemptions immunities or
exonerations from liability than those that the Carrier has
under this Bill of Lading in any given situation.
Subject to all rights, privileges, and limitations of
and exonerations from liability granted to the ocean carrier
under this Bill of Lading or by law, any liability by the
respective participating carriers for loss or damage to the
Goods or packages carried hereunder shall be governed by the
following:
(a) If loss or damage occurs while the goods or packages are
in the custody of the ocean carrier, only the ocean
carrier shall be responsible therefore, and any
liability of the ocean carrier shall be determined
by the terms and conditions of this Bill of Lading and
any law compulsorily applicable.
(b) If loss or damage occurs while the Goods or packages are
in the custody of a participating domestic or foreign
Carrier, only the participating domestic or foreign
Carrier(s) shall be responsible therefore and any
liability of such participating domestic or foreign
Carrier(s) shall be determined, in respective
order, by the terms, conditions and provisions of the
applicable participating domestic or foreign Carrier's
Bill(s) of Lading, whether issued or not, tariff(s) and
law compulsorily applicable in the circumstances.
(c) Notwithstanding subdivision (a) and (b) hereof, it is
contemplated that the Goods or packages will from time
to time be carried in through transportation that will
include inland transportation within the United States
by Railroad and sea carriage by one or more of the other
Carriers above defined. (When used on or endorsed on
this Bill of Lading the words "on board" shall mean and
include on board the original carrying vessel whenever
Goods or packages are being transported from a
foreign port or place to the continental United States,
but when the Goods or packages are being transported
from the continental United States to a foreign port
or place "on board" shall mean and include on board a
rail car operated by the originating carrier and
enroute by rail to the port of loading for loading on
board the Carrier's or participating Carrier's vessel.)
(d) If loss or damage occurs after receipt of the Goods or
packages hereunder and it cannot be determined from the
records of the ocean Carrier or participating domestic
or foreign Carrier(s) whether such damage or loss
occurred during ocean, domestic or foreign carriage, it
shall be conclusively presumed that the loss or damage
occurred on board the vessel and while the Goods or
packages were in the custody of the ocean Carrier.
(e) At all times when the Goods or packages are in the
custody of the above-mentioned participating domestic or
foreign Carriers such Carriers shall be entitled to all
the rights, defenses, exceptions from or limitations of
liability and immunities of whatsoever nature referred
to or incorporated herein applicable or granted to the
Carrier as herein defined, to the full extent permitted
to such domestic and foreign Carriers under the Bill(s)
of Lading, tariffs, and any other laws applicable or
relating thereto, provided however, that nothing
contained in this Bill of Lading shall be deemed a
surrender by these domestic or foreign Carriers of any
of their rights and immunities or an increase of any of
their limitations of and exonerations from liability
under their said Bill(s) of Lading, tariffs or laws
applicable or relating to said carriage.
(f) In making any arrangements for transportation by
participating domestic or foreign Carriers of the Goods
or packages carried hereunder, either before or after
ocean carriage, it is understood and agreed that the
ocean Carrier acts solely as agent of the Merchant,
without any other responsibility whatsoever, and it
assumes no responsibility as Carrier for such domestic
or foreign transportation.
(g) Notice of loss or damage and claim against the ocean
Carrier, where applicable, shall be given to the ocean
Carrier and suit commenced as provided for in Clauses 30
and 31 hereof. Notice of loss or damage against the
participating domestic or foreign Carrier(s) where
applicable shall be held with the participating domestic
or foreign Carrier(s) and suit commenced as provided
for in the terms, conditions and provisions of said
Carrier(s) Bill(s) of Lading or by law applicable
thereto as is understood by the Merchant that such
terms, conditions and provisions, as they pertain to
notice of, and claim for loss or damage and commencement
of suit contain different requirements than those
requirements pertaining to ocean Carriage as contained
in Clauses 30 and 31 hereof.
5. The goods carried hereunder are subject to all of the
terms and provisions of the Carrier's applicable Tariff or
Tariffs on file with the Federal Maritime Commission,
Interstate Commerce Commission or any other regulatory body
which governs a particular portion of this carriage, and the
terms and provisions of the said Tariff or Tariffs are
hereby incorporated herein as part of the Terms and
Conditions of this Bill of Lading. Copies of the relevant
provisions of the applicable Tariff or Tariffs are
obtainable from the Carrier, Federal Maritime Commission,
Interstate Commerce Commission or other regulatory body upon
request. In the event of any conflict between the terms and
provisions of such Tariff or Tariffs and the Terms and
Conditions of this Bill of Lading, this Bill of Lading shall
prevail.
6. The 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 Goods and
this Bill of Lading.
7. (a) 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.
(b) As to through transportation, the Carrier undertakes
to procure such services as necessary and shall have
the right at its sole discretion to select any mode
of land, sea or air transport and to arrange
participation by other Carriers to accomplish the
combined transport from place of receipt to place of
delivery. Whenever any stage of the combined
transport is accomplished by any land or sea Carrier
or any other water Carrier, each such stage shall be
controlled according to any law compulsorily
applicable to such stage and according to the
contracts, rules and tariffs of each participating
Carrier, the same as if such contracts, rules
and tariffs were fully set forth herein.
8. The Carrier shall be entitled but under no obligation to
open any Container at any time and to inspect the contents
unless applicable law prohibits same. If it thereupon
appears that the contents or any part thereof cannot safely
or properly be carried or carried further, either at all or
without incurring any additional expense or taking any
measures in relation to the Container or its contents or any
part thereof, the Carrier may abandon the transportation
thereof and/or take any measures and/or incur any reasonable
additional expense to carry or to continue the carriage or
to store the same ashore or afloat under cover or in the
open, at any place which storage shall be deemed to
constitute due delivery under this Bill of Lading. The
Merchant shall indemnify the Carrier against any reasonable
expense so incurred.
9. Carrier may containerize any Goods or packages.
Containers may be stowed on deck or under deck and when so
stowed shall be deemed for all purposes to be stowed under
deck, including for General Average and U.S. Carriage of
Goods by Sea Act, 1936, and similar legislation.
10. Deck cargo (except goods carried in containers on deck)
and live animals are received and carried solely at
Merchant's risk (including accident or mortality of
animals), and the Carrier shall not in any event be liable
for any loss or damage thereto arising or resulting from any
matters mentioned in Section 4, Sub-Section 2(a) to (p),
inclusive, of the United States Carriage of Goods by Seas
Act, or from any other cause whatsoever, not due to the
fault of the Carrier, any warranty of seaworthiness in the
premises being hereby waived, and the burden of proving
liability being in all respects upon the Merchant. Except
as provided above, such shipments shall be deemed Goods and
shall be subject to all terms and provisions of this Bill of
Lading relating to Goods.
11. Special containers with heating or refrigeration units
will not be furnished unless contracted for expressly in
writing at time of booking and, when furnished, may entail
an increased freight rate or charge. Shipper shall advise
Carrier of desired temperature range when delivering Goods
to Carrier, and Carrier shall exercise due diligence to
maintain the temperature within a reasonable range while the
containers are in its custody or control. The Carrier does
not, however, accept any responsibility for the functioning
of heated or refrigerated containers not owned or leased by
Carrier.
12. The scope of the voyage herein contracted for shall
include usual or customary or advertised ports of call
whether named in this contract or not, also ports in or out
of the advertised, geographical or usual route or order,
even though in proceeding thereto the vessel may sail beyond
the port of discharge named herein or in a direction
contrary thereto, or return to the original port or depart
from the direct or customary route and includes all canals,
straits, and other waters. The vessel may call at any port
for the purpose of the current, prior or subsequent voyages.
The vessel may omit calling at any port whether scheduled or
not, and may call at the same port more than once, may
discharge the goods during the first or subsequent call at
the port of discharge, may for matters occurring before or
after loading and either with or without the goods on board,
and before or after proceeding towards the port of
discharge, adjust compasses, drydock with or without cargo
on board, stop for repairs, shift berths, make trial trips
or tests, take fuel or stores, remain in port, lie on
bottom, aground or at anchor, sail with or without pilots,
tow and be towed, and save or attempt to save life or
property, and all of the foregoing are included in the
contract voyage. The vessel may carry contraband,
explosives, munitions, warlike stores, hazardous cargo, and
sail armed or unarmed and with or without convoy.
The Carrier's sailing schedules are subject to change
without notice, both as to the sailing date and date of
arrival. If this is a Through Bill of Lading, no Carrier is
bound to transport the shipment by any particular train,
truck, aircraft, vessel, or other means of conveyance, or in
time for any particular market or otherwise. No Carrier
shall be liable for delay and any Carrier shall have the
right to forward the goods by substitute Carrier.
13. If at any time the performance of the contract evidenced
by this Bill of Lading is or is likely to be affected by any
hindrance, risk, delay, difficulty or disadvantage of
whatsoever kind which cannot be avoided by the exercise of
reasonable endeavours, the Carrier (whether or not the
transport is commenced) may without notice to the Merchant
treat the performance of this contract as terminated and
place the Goods or any part of them at the Merchant's
disposal at any place or port which the Carrier may deem
safe and convenient, whereupon the responsibility of the
Carrier in respect of such Goods shall cease. The Carrier
shall nevertheless be entitled to full freight and charges
on Goods received for transportation and the Merchant shall
pay any additional costs of carriage to and delivery and
storage at such place or port.
14. If the Carrier makes a special agreement, whether by
stamp hereon or otherwise, to deliver the Goods at a
specified dock or place, it is mutually agreed that such
agreement shall be construed to mean that the Carrier is to
make such delivery only if, in the sole judgment of the
Carrier, the vessel can get to lie at, and leave said dock
or place, always safely afloat, and only if such dock or
place is available for immediate receipt of the Goods and
that otherwise the Goods shall be discharged as otherwise
provided in this Bill of Lading, whereupon all
responsibility of Carrier shall cease.
15. The port authorities are hereby authorized to grant a
general order for discharging immediately upon arrival of
the vessel and the Carrier, without giving notice either of
arrival or discharge, may, immediately upon arrival of the
vessel at the designated destination, discharge the goods
continuously, Sundays and holidays included at all such
hours by day or by night as the Carrier may determine no
matter what the state of the weather or custom of the port
may be.
The Carrier shall not be liable in any respect
whatsoever if heat or refrigeration or special cooling
facilities shall not be furnished during loading or
discharge or any part of the time that the Goods are upon
the wharf, craft or other loading or discharging place.
Landing and delivery charges and pier dues shall be at
the expense of the Goods unless included in the freight
herein provided for. If the Goods are not taken away by the
consignee by the expiration of the next working day after
the Goods are at his disposal, the Goods may, at Carrier's
option and subject to Carrier's lien, be sent to store or
warehouse or be permitted to lie where landed, but always at
the expense and risk of the Goods. The responsibilities of
the Carrier in any capacity shall altogether cease and the
Goods shall be considered to be delivered and all their own
risk and expense in every respect when taken into the
custody of Customs or other Authorities, or into that of any
municipal or governmental concessionaire or depository. The
Carrier shall not be required to give any notification of
disposition of the Goods, except as may be otherwise
provided in this Bill of Lading.
16. At ports or places where, by local law, authorities, or
custom, the Carrier is required to discharge cargo to
lighters or other craft, or where it has been so agreed or
where wharves are not available which the ship can get to,
lie at, or leave, always safely afloat, or where conditions
prevailing at the time render discharge at a wharf
dangerous, imprudent, or likely to delay the vessel, the
Merchant shall promptly furnish lighters or other craft to
take delivery alongside the ship, at the risk and expense of
the Goods. If the Merchant fails to provide such lighters
or other craft, Carrier, acting solely as agent for the
Merchant, may engage such lighters or other craft at the
risk and expense of the Goods. Discharge of the Goods into
such lighters or other craft shall constitute proper
delivery, and any further responsibility of Carrier with
respect to the goods shall thereupon terminate.
17. The Carrier shall have liberty to comply with any order
or directions or recommendations in connection with the
transport (under this contract of carriage given by any
Government or Authority or anyone acting or purporting to
act on behalf of such Government or Authority or having,
under the terms of the mortgage or insurance on the vessel
or other transport, the right to give such orders,
directions or recommendations. Discharge or delivery of the
Goods in accordance with the said order or directions or
recommendations shall be deemed a fulfillment of the
contract. Any extra expense incurred in connection with the
exercise of the Carrier's liability under this clause shall
be paid by the Merchant in addition to freight and charges.
18. Whenever the Carrier or Master may deem advisable, or
in any case where goods are destined for port(s) or place(s)
at which the vessel or participating carriers will not call,
the Carrier may, without notice, forward the whole or any
part of the shipment before or after loading at the original
port of shipment, or any other place or places even though
outside the scope of the voyage or the route to or beyond
the port of discharge or the destination of the Goods by
water, by land or by air or by any combination thereof,
whether departing or arriving or scheduled to depart or
arrive before or after the ship expected to be used for the
transportation of the shipment. The Carrier may delay
forwarding awaiting a vessel or conveyance in its own
service or with which it has established connections. In
all cases where the shipment is delivered to another Carrier
or to a lighter, Port Authority warehouseman or other bailee
for transshipment, the liability of this Carrier shall
absolutely cease when the Goods are out of its exclusive
possession and shall not resume until the Goods again come
into its exclusive possession, and the responsibility of
the Carrier during any such period shall be that of an
agent of the Merchant, and this Carrier shall be without
any other responsbility whatsoever. The carriage by any
transshipping or on-Carrier and all transshipment or
forwarding shall be subject to all the terms whatsoever in
the regular form of bill of lading, consignment note,
contract or other shipping document used at the time by the
Carrier performing such transshipment or forwarding.
19. In any situation whatsoever and wheresoever occurring
and whether existing or anticipated before commencement of
or during the combined transport, which in the judgment of
the Carrier or the Master is likely to give rise to risk of
capture, seizure, detention, damage, delay or disadvantage
or loss to the Carrier or any part of the Goods, to make it
unsafe, imprudent or unlawful for any reason to receive,
keep, load, or carry the goods or commence or proceed on or
continue the transport or to enter or discharge the goods or
disembark passengers at the port of discharge, or the usual
or agreed or intended place of discharge or delivery, or to
give rise to delay or difficulty in proceeding by the usual
or intended route, the Carrier or the Master may decline to
receive, keep, load or carry the Goods or may devan
container(s) contents or any part thereof and may require
the Merchant to take delivery of the Goods at the place of
receipt of any other point in the combined transport and
upon failure to do so may warehouse the Goods at the risk
and expense of the Goods, or the vessel, whether or not
proceeding towards or entering or attempting to enter a port
of discharge, or reaching or attempting to reach a usual
place of discharge therein or attempting to discharge the
shipment, may discharge the Goods and/or devan the contents
of any container(s) at another port, depot, lighter, craft,
or other place, or may forward or transship them as provided
in this Bill of Lading, or the Carrier or the Master may
retain the Goods, vanned or unvanned on board until the
return of the vessel to the port of loading or to the port
of discharge or until such time as the Carrier or the Master
thinks advisable and discharge the Goods at any place
whatsoever as herein provided. The Carrier or the Master is
not required to give notice of such devanning or of
discharge of the Goods or of the forwarding thereof as
herein provided. When the Goods are discharged from the
ship, as herein provided, such shall be at the risk and
expense of the Goods. Such discharging shall constitute
complete delivery and performance under this contract and
the Carrier shall be free from any further responsibility,
unless it be shown that any loss or damage to the Goods
arose from Carrier's negligence in the discharge and
delivery as herein provided, the burden of establishing such
negligence being on the Merchant. For any service rendered
to the Goods as herein above provided or for any delay or
expense to the vessel caused as a result thereof, the
Carrier shall be entitled to a reasonable extra
compensation, and shall have a lien on the goods for such
carriage. Notice of disposition of the Goods shall be
mailed to shipper or consignee named in this Bill of Lading.
Goods shut out from the vessel named herein for any cause
may be forwarded on a subsequent vessel of this Line or, at
Carrier's option, on a vessel of another Line or by other
mode of transportation.
20. Notwithstanding the foregoing, the Carrier shall neither
be liable therefore, not concluded as to, the correctness of
any such marks, descriptions or representations.
When any cargo unit owned or leased by Carrier is packed
or loaded by shipper or its agent, or discharged by
consignee or its agent, shipper, consignee, receiver, holder
of this Bill of Lading, owners of the Goods and person
entitled to the possession of the Goods shall be and remain
liable jointly and severally, for any loss or damage to the
cargo unit during such loading or discharge, howsoever
occurring, until the cargo unit is returned to Carrier's
custody and, at tariff rates, for any delay beyond the time
allowed for such loading or discharge, and for any loss,
damage or expense incurred by Carrier as a result of the
failure to return the cargo unit to the Carrier in the same
sound condition and state of cleanliness as when received by
shipper. Such loss, damage, expense or delay shall
constitute a lien on the Goods.
Where a cargo unit is to be unpacked or unloaded by
consignee or its agent, consignee or its agent shall
promptly unpack or unload such cargo unit and take delivery
of its contents, irrespective of whether the Goods are
damaged or not. Carrier shall not be liable for loss or
damage caused to the Goods by or during such unpacking or
unloading.
21. When containers, vans, trailers, transportable tanks,
flats, palletized units, and all other packages (all
hereinafter referred to generically as cargo units) are not
packed or loaded by Carrier, such cargo units shall be
deemed shipped as "Shipper's weight load and count".
Carrier has no reasonable means of checking the Quantity,
weight, condition or existence of the contents hereof, does
not represent the Quantity, weight, condition or existence
of such contents as furnished by the shipper and inserted in
this Bill of Lading, to be accurate, and shall not be liable
for nonreceipt or misdescription of such contents. Carrier
shall have no responsibility or liability whatsoever
therefore or for the packing, loading, securing and/or
stowage or contents of such cargo units, or for loss or
damage caused thereby or resulting therefrom, or for the
physical suitability or structural adequacy of such cargo
units properly to contain their contents.
The Merchant, whether principal or agent by packing or
loading the cargo units and/or by allowing the cargo unit to
be so packed or loaded, represents, guarantees and warrants
(a) that the Goods are properly described, marked and safely
and securely packed in their respective cargo units, that
such cargo units are physically suitable, sound and
structurally adequate properly to contain and support the
Goods during handling and on the transport, and that the
cargo units may be handled in the ordinary course without
damage to themselves or to their contents, or to the vessel
or conveyance or to their other cargo, or property or
persons; (b) that all particulars with regard to the cargo
units and their contents and the weight of each said cargo
unit, are in all respects correct; and (c) that they have
ascertained and fully disclosed in writing to the Carrier
and all participating Carriers on or prior to shipment, and
condition, ingredient or characteristic of the Goods which
might indicate that they are inflammable, explosive,
corrosive, radioactive, noxious, hazardous or dangerous in
nature, or which might cause damage, injury or detriment to
the Goods, or to the vessel, conveyance or other cargo or to
property or persons and that they have complied fully with
all statutes, ordinances and regulations of the Department
of Transportation of the United States of America and all
other regulatory bodies with respect to labeling, packaging
and preparation for shipment of all such Goods.
The shipper, consignee, receiver, holder of this Bill of
Lading, owner of the Goods and person entitled to the
possession of the Goods jointly and severally agree fully to
protect and indemnify Carrier, and to hold it harmless in
respect of any injury or death of any person, or loss or
damage to cargo or cargo unit or any other property, or to
the vessel or conveyance or expense or fine arising out of
damage to cargo or cargo unit or any other property, or to
the vessel or conveyance or expense or fine arising out of
or in any way connected with breach of any of the foregoing
representations or warranties, howsoever occurring, even
without fault of shipper, consignee and/or owner of the
Goods, and even though such injury, death, loss or damage is
caused in whole or in part by fault of the Carrier or
unseaworthiness.
22. The Merchant and the Goods themselves shall be liable
for and shall indemnify the Carrier, and that Carrier shall
have a lien on the Goods for all expenses of mending,
repairing, repacking, coopering, baling, reconditioning of
the Goods and gathering of loose contents of packages, also
for expenses for repairing containers damaged while in the
possession of the Merchant for demurrage on containers and
any payment, expense, fine, dues, duty, tax, impost, loss,
damage or detention sustained or incurred by or levied upon
the Carrier, vessel or conveyance in connection with the
Goods, howsoever caused, including any action or requirement
of any government or governmental authority or person
purporting to act under the authority thereof, seizure under
legal process or attempted seizure, incorrect or
insufficient marking, numbering or addressing of containers
packages or description of the contents failure of the
Merchant to procure consular, Board of Health, or other
certificates to accompany the Goods or to comply with laws
or regulations or any kind imposed with respect to the Goods
by the authorities at any port or place or any act or
omission of the Merchant. The Carrier's lien shall survive
delivery and may be enforced by private or public sale and
without notice.
23. Freight shall be payable, at Carrier's option, on actual
gross intake weight or measurement or on actual gross
discharge weight or measurement or on a value or other
basis. Freight may be calculated on the basis of the
particulars of the Goods furnished by the shipper herein,
but the Carrier may, as previously stated herein, at any
time open the packages or containers and examine, weigh,
measure and value the Goods (unless applicable law prohibits
same) in case shipper's particulars are found to be
erroneous and additional freight payable, the Merchant and
the Goods shall be liable for any expense incurred for
examining, weighing, measuring and valuing the Goods. Full
freight shall be paid on damaged or unsound goods. Full
freight hereunder to place of delivery named herein and
advance charges (including on-carrier's) shall be considered
conpletely earned on receipt of the Goods by the Carrier,
whether the freight be stated or intended to be prepaid or
to be collected at destination, and the Carrier shall be
entitled to all freight and charges, extra compensation,
demurrage, detention, General Average, claims and any other
payments made and liability incurred with respect to the
Goods, whether actually paid or not and to receive and
retain them irrevocably under all circumstances whatsoever,
vessel, conveyance and/or cargo lost, damaged or otherwise
or the combined transport changed, frustrated or abandoned
in case of forced abandonment or interruption of the
combined transport for any cause, any forwarding of the
goods or any part thereof shall be at the risk and expense
of the Goods. All unpaid charges shall be paid in full,
without any offset, counterclaim or deduction in the
currency of the place of receipt, or, at Carrier's option,
in the currency of the place of delivery at the demand rate
of New York exchange as quoted on day of arrival of the
Goods at the place of delivery.
The merchant shall be jointly and severally liable to
the Carrier for the payment of all freight charges and the
amounts due to the Carrier, and for any failure of either or
both to perform his or their obligations under the
provisions of this Bill of Lading and they shall indemnify
the Carrier against, and hold it harmless from, all
liability, loss, damage and expense which the Carrier may
sustain or incur arising or resulting from any such failure
of performance by the Merchant. Any person, firm or
corporation engaged by any party to perform forwarding
services with respect to the cargo shall be considered the
exclusive agent of the Merchant for all purposes and any
payment of freight to such person, firm or corporation shall
not be considered payment to the Carrier in any event.
Failure of such person, firm or corporation to pay any part
of the freight to the Carrier shall be considered a default
by the Merchant in the payment of the freight.
The carrier shall have a general lien on any and all property
and documents relating thereto, in its possession, custody or
control or en route, which shall survive delivery for all claims,
for all charges and damages of any kind whatsoever, in
connection with any shipment which remains unsatisfied for
30 days after demand for payment is made, plus the cost of
recovering same, including expenses incurred in preserving
this lien and may enforce this lien by public or private sale
and without notice. The Shipper, consignee, receiver, holder
of this bill of lading, owner of the goods and person entitled
to the possession of the goods shall be jointly and severally
liable to the carrier for the payment of all charges and damages
as aforesaid and for performance of the obligations of each of
them hereunder.
24. Carrier shall not be liable for any consequential or
special damages and shall have the option of replacing lost
Goods or repairing damaged Goods.
25. The weight or quantity of any bulk cargo inserted in
this Bill of Lading is the weight or quantity as ascertained
by a third party other than the Carrier and Carrier makes no
representation with regard to the accuracy thereof. This
Bill of Lading shall not be deemed evidence against the
Carrier of receipt of goods of the weight or quantity so
inserted in the Bill of Lading.
26. Neither the Carrier nor any corporation owned by,
subsidiary to or associated or affiliated with the Carrier
shall be liable to answer for or make good any loss or
damage to the goods occurring at any time and even though
before loading on or after discharge from the ship, by
reason or by means of any fire whatsoever, unless such fire
shall be caused by its design or neglect, or by its actual
fault or privity. In any case where this exemption is not
permitted by law, Carrier shall not be liable for loss or
damage by fire unless shown to have been caused by Carrier's
negligence.
27. If the vessel comes into collision with another vessel
as a result of the fault or negligence of the other vessel
and any act, neglect or default of the Carrier, Master,
mariner, pilot or the servants of the Carrier in the
navigation or in the management of the vessel, the Merchant
will indemnify the Carrier against all loss or liability to
the other or non-carrying vessel or her owners insofar as
such loss or liability represents loss of, or damage to, or
any claim whatsoever of the Merchant, paid or payable by
the other or non-carrying vessel or her owners to the
Merchant and set-off, recouped or recovered by the other or
non-carrying vessel or her 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 vessel or
vessels or objects other than, or in addition to, the
colliding vessels or objects are at fault in respect of a
collision, contact, stranding or other accident.
This provision is to remain in effect in other
jurisdictions even if unenforceable in the Courts of the
United States of America.
28. General average shall be adjusted, stated and settled
according to York-Antwerp Rules 1974, except Rule XII
thereof, at such port or place as may be selected by the
Carrier and as to matters not provided for by these Rules,
according to the laws and usages of New York.
In such adjustment, disbursements in foreign currencies
shall be exchanged into United States money at the rate
prevailing on the dates made and allowances for damage to
cargo claimed in foreign currency shall be converted at the
rate prevailing on the last day of discharge at the port or
place of final discharge of such damaged cargo from the
ship. Average agreement or bond and such additional
security as may be required by the Carrier must be furnished
before delivery of the goods. Such cash deposit as the
Carrier or his agents may deem sufficient as additional
security for the contribution of the goods and for any
salvage and special charges thereon shall, if required, be
made by the Goods, shippers consignees or owners of the
goods to the Carrier before delivery of the Goods.
Notwithstanding anything hereinbefore contained, such
deposit shall at the option of the Carrier be payable in
United States currency and be remitted to the adjuster
pending settlement of the General Average and refunds of
credit balances, if any, shall be paid in United States
currency. In addition to the circumstances dealt with in
the 1974 York-Antwerp Rules, it is agreed that if the
Carrier has used due diligence in the stowage of cargo and
if the safe prosecution of the voyage is thereafter
imperiled in consequence of the disturbance of stowage, the
costs of handling discharge, reloading and restowing cargo
shall be allowed in General Average, even though the
handling of cargo is not necessary for the purpose of
effecting repairs to the vessel.
In the event of accident, danger 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 Goods, the shipper,
consignee, receiver, holder of this bill of Lading, owner of
the Goods and person entitled to the possession of the
Goods, jointly and severally 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 Goods. If a salving ship is
owned or operated by the Carrier, salvage shall be paid for
as fully and in the same manner as if such salving ship or
ships were owned or operated by strangers. Cargo's
contribution in General Average shall be paid to the
shipowner even when such average is the result of fault,
neglect or error of the Master, pilot, officers or crew.
The Merchant expressly renounces any and all codes,
statutes, laws or regulations which might otherwise apply.
29. In case of any loss or damage to or in connection with
Goods exceeding in actual value the equivalent of $500
lawful money of the United States, per package, or in case
of Goods not shipped in packages, per shipping unit, the
value of the Goods shall be deemed to be $500 per package or
per shipping unit. The Carrier's liability, if any, shall
be determined on the basis of a value of $500 per package or
per shipping unit or pro rata in case of partial loss or
damage, unless the nature of the Goods and a valuation
higher than $500 per package or per shipping unit shall have
been declared by the shipper before shipment and inserted in
this Bill of Lading, and extra freight paid if required in
such case, if the actual value of the Goods per package or
per shipping unit shall exceed such declared value, the
value shall nevertheless be deemed to be declared value and
the Carrier's liability, if any, shall not exceed the
declared value and any partial loss or damage shall be
adjusted pro rata on the basis of such declared value. The
words "shipping unit" shall mean each physical unit or piece
of cargo not shipped in a package, including articles or
things of any description whatsoever, except goods shipped
in bulk, and irrespective of the weight or measurement unit
employed in calculating freight charges.
Where containers, vans, trailers, transportable tanks,
flats, palletized units and other such packages are not
packed by the Carrier, each individual such container, van,
trailer, transportable tank, palletized unit and other such
package including in each instance its contents, shall be
deemed a single package and Carrier's liability limited to
$500 with respect to each such package.
30. As to loss or damage to the Goods or packages occurring
or presumed to have occurred during ocean voyage, unless
notice of loss of or damage and the general nature of it be
given in writing to the Carrier or its agent at the port of
delivery before or at the time of the removal of the Goods
or packages into the custody of the person entitled to
delivery thereof under this Bill of Lading or, if the loss
or damage be not apparent, within three consecutive days
after delivery at the port of discharge, such removal shall
be prima facie evidence of the delivery by the Carrier of
the Goods or packages as described in this Bill of Lading.
31. As to loss or damage to the Goods or package occurring
or presumed to have occurred during ocean carriage, the
Carrier and the vessel shall be discharged from all
liability in respect of loss, damage, misdelivery, delay or
in respect of any other breach of this contract and any
claim whatsoever with respect to the Goods or packages,
unless suit is brought within one year after delivery of the
Goods or package or the date when the Goods or package
should have been delivered. Suit shall not be deemed
brought unless jurisdiction shall have been obtained over
the Carrier and/or the vessel by service of process or by an
agreement to appear.
32. Gold, silver, specie, bullion or other valuables,
including those named or described in Sec 4281 of the
Revised Statutes of the United States, will not be received
by the Carrier unless their true character and value are
disclosed to the Carrier and a special written agreement
therefore has been made in advance, and will not, in any
case, be loaded or landed by the Carrier. No such valuables
shall be considered received by or delivered to the Carrier
until brought aboard the ship by the shipper and put in the
actual possession of and a written receipt therefore is
given by the Master or other officer in charge. Such
valuables will only be delivered by the Carrier aboard the
ship on presentation of bills of lading, properly endorsed
and upon such delivery on board the Carrier's responsibility
shall cease. If delivery is not so taken promptly after the
ship's arrival at the port of discharge the goods may be
retained aboard or landed or carried on, solely at the
risk and expense of the goods.
33. It is agreed that superficial rust, oxidation or any
like condition due to moisture, is not a condition of damage
but is inherent to the nature of the cargo and
acknowledgement of receipt of the Goods in apparent good
order and condition is not a representation that such
conditions of rust, oxidation and the like did not exist on
receipt.
34. Nothing in this Bill of Lading shall operate to deprive
the Carrier of any statutory protection or exemption from or
limitation of liability contained in the laws of the United
States, or in the laws of any other country which may be
applicable. This Bill of Lading shall be construed
according to the laws of the United States and the Merchant
agrees that any suits against the Carrier shall be brought
in the Federal Courts of the United States. The terms of
this Bill of Lading shall be separable and if any part or
term hereof shall be held invalid, such holding shall not
affect the validity or enforceability of any other part or
term hereof.
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