B/L Terms And Conditions
"Merchant" includes the shipper, the consignee, any forwarder, the notify party the receiver
of the Goods, the holder of this Bill of Lading, any person owning or entitled to the
possession of the Goods or this Bill of Lading, any person having a present or future
interest in the Goods or any person acting on behalf of any of the above mentioned person,
including any forwarder.
"Carrier" means the Company stated on the front of this Bill of Lading as being the Carrier
and on whose behalf this Bill of Lading has been signed.
"Goods" means the cargo supplied by the Merchant and includes any Container not
supplied by or on behalf of the Carrier.
"Containers" includes any container, trailer, transportable tank, flat or pallet or any similar
article of transport used to consolidate Goods.
"Forwarder" includes forwarder, freight forwarder, NVOCC, forwarding agent or
intermediary engaged by the Merchant in respect of the carriage of the Goods under this
Bill of Lading.
"Ship" means the vessel named on the bill of lading and/or any substitute vessel/vessels
whether named or not.
"Port to Port Shipment" arises where the place of receipt and the place of delivery are not
indicated on the front of this bill of lading or if both the place of receipt and the place of
delivery are within the ports indicated on the bill of lading and the bill of lading does not in
the nomination of the place of receipt or the place of delivery on the front hereof specify any
place or spot within the area of the port so nominated.
"Combined Transport" arises where it is not a Port to Port Shipment
"Holder" means any person for the time being in possession of this Bill of Lading to whom
the property in the Goods has passed on or by reason of the consignment of the Goods or
the endorsement of this Bill of Lading or otherwise.
Carriage" means the whole or any part of the operations and services undertaken by the
Carrier in respect of the Goods.
The terms of the Carrier's applicable tariff are incorporated herein. Particular attention is
drawn to the terms and conditions therein relating to Containers and vehicle demurrage
and detention charges. A copy of the Carrier's applicable tariff is obtainable from the Carrier
upon request. In the case of inconsistency between this Bill of Lading and the Carrier's
applicable tariff, this Bill of Lading shall prevail.
The Merchant warrants that in agreeing to the terms hereof, he is, or has the authority of,
the persons owning or entitled to the possession of the Goods and this Bill of Lading.
4.1 Port to Port Shipment Where the Carriage called for by the contract contained in or evidenced by this Bill of
Lading is a Port to Port Shipment then:
4.1.1 Where the Port of Shipment is in the territory of a state or this Bill of Lading is issued in the
territory of a state which is a contracting state for the purposes of the International
Convention relating to Bills of Lading signed at Brussels on 25th August 1924 as amended
by the Protocol signed at Brussels on 23rd February 1968 ("the Hague-Visby Rules") the
contract contained in or evidenced by this Bill of Lading shall, but only to the extent set out
in sub-paragraph (4.1.3) of this sub-clause, have effect subject to the Hague-Visby Rules.
4.1.2 Where sub-paragraph (4.1.1) of this clause does not apply but the Port of Shipment is in a
territory where legislation is in force giving compulsory effect to the International
Convention relating to Bills of Lading signed at Brussels on 25th August 1924 in its
unamended form ("the Hague Rules") the contract contained in or evidenced by this Bill of
Lading shall but only to the extent set out in sub-paragraph (4.1.3) of this sub-clause have
effect subject to the Hague Rules as enacted by such legislation.
4.1.3 Where this Bill of Lading is subject to the Hague-Visby Rules in accordance with subparagraph
(4.1.1) of this sub-clause or to the Hague Rules in accordance with subparagraph
(4.1.2) of this sub-clause the Hague-Visby Rules or the Hague Rules as to the
case may be shall subject always to clause (4.2.3A) and (4.2.3B) hereof apply for the
period beginning with whichever of the following operations is agreed to be first performed
by the Carrier namely loading, handling, stowing or carrying the Goods on the Ship until the
completion of whichever of the following operations is agreed to be the last performed by
the Carrier namely carrying the Goods on or discharging them from the Ship. If the Goods
are loaded or unloaded by the Merchant or persons appointed by him, such persons shall
be deemed to be servants of the Merchant and not of the Carrier. If, and to the extent that
any provisions of this Bill of Lading is repugnant to or inconsistent with the Hague-Visby
Rules or the Hague Rules where applicable in accordance with sub-paragraphs (4.1.1) and
(4.1.2) of this sub-clause such provision shall be null and void in relation to the period
referred to above but no further.
4.1.4 In case the contract contained in or evidenced by this Bill of Lading is subject to the U.S.
Carriage of Goods Sea Act then the provisions stated in the said Act shall subject always to
Clause (4.2.3A) and (4.2.3B) hereof govern the period or periods before loading and/or
after discharge and throughout the entire period of time the Goods are in the Carrier's
custody provided the Carrier has any responsibility in respect of any such period or periods
under this Bill of Lading or otherwise. If and to the extent that any provision of this Bill of
Lading is repugnant to or inconsistent with the said Act when applicable, such provision
shall be void to that extent but no further.
4.1.5 Where this Bill of Lading is neither subject to the Hague-Visby Rules by virtue of subparagraph
(4.1.1) and this sub-clause nor to the Hague Rules by virtue of sub-paragraph
(4.1.2) of this sub-clause nor to the U.S. Carriage of Goods by Sea Act by virtue of subparagraph
(4.1.4) of this sub-clause the following provisions shall apply.
4.1.5A Subject to (4.1.5B) the Carrier shall at all times when performing the contract contained in or evidenced by this Bill of Lading be entitled to the benefit of all privileges rights and immunities contained in the Hague Rules (as set out in the said Convention of the 25th August 1924 in its unamended form); but
4.1.5B If and to the extent that any of the terms conditions and exceptions set out hereunder confer wider different or more beneficial rights liberties or immunities upon the Carrier than those set out in the said Convention the Carrier shall be entitled to rely on the terms, conditions, exception, rights, liberties or immunities set out hereunder whether or not they relieve the Carrier from liability for loss or damage to or in connection with the Goods which would otherwise fail upon the Carrier by virtue of the Hague Rules.
4.1.6 Nothing herein contained shall prevent the Carrier from claiming in the courts of any
country the benefit of or derogate in any way from the statutory protection or exemption
from or limitation of liability afforded to the Carrier or to the Ship by the law of that or of any
subject to the sub-paragraph (4.1.1), (4.1.2), (4.1.3), (4.1.4) and (4.1.5) of this sub-clause
the Carrier shall not to be responsible for loss or damage to or in connection with the
Goods of any kind whatsoever (including deterioration, delay or loss of market however
caused whether by unseaworthiness or unfitness of the Ship or by faults, errors or
negligence or otherwise howsoever). In particular and without prejudice to the generality of
the foregoing: -
4.1.7A The Carrier shall be under no such responsibility
at any time prior to the loading of the Goods onto and subsequent to the
discharge of the Goods or part thereof from the Ship when but for the
provisions of this sub-paragraph such Goods would be the responsibility of
the Carrier and
in respect of live animals or cargo which in this Bill of Lading is stated as
being, carried on deck and is so carried none of which is subject to the
Convention or Legislation referred to in sub-paragraphs (4.1.1), (4.1.2),
(4.1.3),(4.1.4) and (4.1.5) of this sub-clause at any time when but for the
provisions of this sub-paragraph such Goods would be the responsibility of
Unless this Bill of Lading is subject to the Hague-Visby Rules in accordance with subparagraph
(4.1.1) of this sub-clause or to the Hague Rules in accordance with subparagraph
(4.1.2) of this sub-clause or to the U.S. Carriage of Goods by Sea Act in
accordance with sub-paragraph (4.1.4) of this sub-clause the Carrier shall not be liable for
loss of or damage to or in connection with the Goods or part thereof of any kind whatsoever
including deterioration, delay or loss of market arising or resulting from unseaworthiness
(whether or not due diligence shall have been exercised by the Carrier, his servants or
agents or others to make the Ship seaworthy) act, neglect, or default of the master,
mariner, pilot or the servants or agents of the Carrier in the navigation or in the
management of the Ship or in the care of the cargo, fire, perils, dangers and accidents of
the sea or other navigable waters, act of god, act of war, act of public enemies, arrest or
restraint of princes or rulers or people or seizure under legal process, quarantine,
restrictions, act or omission of the Merchant or his agents or representatives, strikes or lock
out or stoppage or restraint of labour from whatsoever cause whether partial or general,
riots and civil commotions, saving or attempting to save life or property at sea, wastage in
bulk or weight or any other loss or damage arising from inherent defect, quality or vice of
the Goods, insufficiency of packing, insufficiency or inadequacy of marks, latent defects,
any other cause whatsoever, whether or not of a like kind to those above mentioned and
including negligence on the part of the Carrier, his servants, agents or others.
4.2 Pre-Carriage and On-Carriage
If the Merchant shall request the Carrier to effect any pre-carriage or on-carriage of the
Goods or to collect or deliver the Goods from or to any inland point, the Carrier shall be
under no liability for any loss or damage, occurring during any period of pre-carriage or oncarriage
of the Goods save that he shall be under an obligation as forwarding agent acting
for and on behalf of the Merchant to make reasonable arrangements at his discretion for
the pre-carriage or on-carriage of the Goods by Carriers regularly engaged in business in
transportation between the relevant points of departure or destination. The contracts for
pre-carriage or on-carriage, as the case may be, shall take effect as Contracts between the
Merchant and the on-carrier or pre-carrier made through the agency of the Carrier.
The responsibility of each Carrier acting as such is limited to that part of the transit actually
undertaken by him. The Merchant constitutes the Carrier his agent to enter into contracts
with others for storing, lightering, transhipping or otherwise dealing with the Goods prior to
or in the course of or subsequent to any transport without responsibility for any act neglect
or omission the part of the Carrier, who may as such agent take contracts of Carriage from
the forwarding conveyance in any form which shall comply with the law at the Port or Place
from which the Goods are shipped or forwarded even though the terms of such contracts of
Carriage be less favourable in any respect whatsoever to the Merchant than the terms of
this Bill of Lading. Unless the value of the Goods is declared at the time of shipment and is
stated hereon and extra freight as may be agreed upon is paid, the Carrier shall in no event
be under any obligation to declare to the on-carrier any valuation of the Goods even though
the on-carrier's contract of Carriage contains a valuation or limitation of liability less than
that contained in this Bill of Lading. If the Goods cannot be forwarded immediately to
destination any charges incurred for storage shall be borne by the Merchant. If the Goods
are forwarded by more than one conveyance the Merchant must take delivery of each
portion immediately after arrival. Goods forwarded by rail are deliverable at any railway
station within or nearest to destination and must be taken away by the Merchant
immediately after arrival.
4.2.3 Without prejudice to the generality of sub-paragraph (4.2.1) and (4.2.2) of this sub-clause,
where the local vessel is named herein the Carrier shall act only as agents of the
Merchants in arranging for the forwarding of the Goods to the Port of Loading named
herein (or such other Port or Place wheresoever as the Carrier may in his discretion
determine), and the Carrier shall be under no liability whatsoever as Carrier, Bailee or
otherwise for loss damage or expense to the Merchant howsoever arising in connection
with the Goods occurring or arising before the Goods are loaded upon the Ocean Vessel
named herein (or such other vessel owned by the Carrier or otherwise as the Carrier may
in his discretion substitute for the named Ocean Vessel) save where the Goods are so
forwarded by Carriage on a vessel owned by the Carrier in which event the said Carriage
shall be subject to all exceptions, conditions and liberties contained in this Bill of Lading.
Where the Final Destination is named herein the Carrier may discharge the Goods at the
Port of Discharge or without notice at such other Port or Place wheresoever (including the
Port of Loading) as the Carrier may in his discretion determine of forwarding to the Final
Destination and Carrier's responsibility shall finally cease on discharge of the Goods from
the Ship. Thereafter (provided always that the Carrier is not by reason of any other
provision of this Bill of Lading relieved of his obligations to forward the Goods to the Final
Destination) the Carrier shall act only as agent of the Merchant in arranging for the
forwarding of the Goods to the Final Destination and the Carrier shall be Under no further
or other responsibility whatever, save that where the Goods are on carried on a vessel
owned by the Carrier the Carrier's liability as Carrier shall be governed by the exceptions,
limitations, conditions and liberties of this Bill of Lading.
4.3 Combined Transport
Where the Carriage called for by the contract contained in or evidenced by this Bill of
Lading is one whereby the Carrier undertakes to perform the Carriage of the Goods for part
of the transit by sea and for part of the transit by another mode of transport e.g. by road or
rail (otherwise than within the area of the Port of Loading or Port of Discharge) or by air or
inland waterway, then the following provisions shall apply:-
4.3.1 Localised loss or damage
Where it is known or can be established at what stage in the transit the relevant loss or
damage occurred, the Carrier's liability (if any) for loss of or damage to or in connection
with the Goods shall be as follows: -
In relation to any loss or damage occurring during any Carriage by sea governed by and in
accordance with sub-clause (4.1) of this clause.
In relation to any loss or damage occurring during any Carriage by air, governed by and in
accordance with the Convention for the Unification of certain Rules relating to International
Carriage by Air signed at Warsaw on 12th October 1929 and the Protocol modifying that
said Convention signed at The Hague on 28th September 1955 (hereinafter called the
"Amended Warsaw Convention") whether or not such Carriage constitutes of "International
Carriage" within the meaning of the Amended Warsaw Convention.
Subject to 4.3.2, In relation to any loss or damage occurring during any other stage of the
Carriage whatsoever (whether by road, rail or inland waterway) or during any handling or
storage in the course of the performance of the contract (other than the handling or storage
falling within sub-paragraph (4.3.1A) or (4.3.1B) of this sub-clause) the liability of the
Carrier shall be ascertained in accordance with whatever provisions (whether contractual,
statutory or otherwise) may govern the liability of the agent sub-contractor or sub-bailee of
the Carrier to whose charge the Goods had been entrusted at the time that the relevant
loss or damage occurred thereinafter called" the sub-contracting Carrier"). The Carrier's
liability shall in all the above circumstances be co-extensive with and shall not exceed the
liability of the sub-contracting Carrier and the said liability shall be established.
as though the Merchant had made a separate and direct contract
with the Carrier in respect of the particular stage of Carriage where
the loss or damage occurred;
as though such contract had been concluded on the same terms as
those on which the Goods were entrusted to the charge of the subcontracting
as though such contract were subject to any provisions contained in
any International Convention or National Law which cannot be
departed from to the detriment of the Merchant which applied to the
contract made by the sub-contracting Carrier and which governed the
sub-contracting Carrier's liability for the loss or damage to the Goods.
The Carrier’s liability under 4.3.1 shall in no event exceed the liability that would have
applied under paragraph 4.3.3 if the loss or damage was non-localised
4.3.3 Non-localised Loss or Damage
Where it is not known and cannot be established at what stage in the transit the relevant
loss or damage occurred the loss shall be deemed to have occurred during the course of
the Carriage by sea and the liability (if any) of the Carrier shall be governed by and in
accordance with sub-clause (4.1) of this clause.
4.3.4 Burden of Proof
In any case where a reasonable doubt shall exist as to whether the relevant loss or
damage occurred during Carriage by Sea or during some other Carriage handling or
storage the burden of proving that the loss or damage did not occur during the Carriage
shall rest upon the Merchant in the event that the Merchant shall fail to discharge such
burden of proof it shall be presumed that the loss or damage occurred during the Carriage
The Carrier has the right but not the obligation to carry the Goods by any substitute Ship or
any other means of transport, whether by water, land or air and may discharge the Goods
at any place of transhipment, tranship, load or store the Goods at any part thereof either on
shore or afloat and reship or forward the same.
4.4 Delay and Consequential Loss
Save where otherwise provided in any International Convention or National Law which may
be applicable by virtue of any of the foregoing provisions of this clause, the Carrier shall in
no circumstances be liable for (a) any loss or damage caused by delay (including
deterioration loss of market or loss of profits) or (b) for any indirect or consequential loss or
damage whatsoever (whether in case of either (a) or (b) the same shall have been due to
unseaworthiness or unfitness of any vessel tender lighter or craft or by any fault or error or
negligence or otherwise howsoever). The Carrier shall further not be liable for any loss or
damage of any kind whatsoever caused at any time prior to the receipt of the Goods for
Carriage or subsequent to the delivery of the Goods at the Place of delivery.
Subject to any provisions of clause 4 to the contrary (in particular sub-paragraph (Vl) subclause
In any case where the Carrier is under any liability for loss or damage of any kind
whatsoever to or in connection with the Goods then: -
if the contract contained in or evidenced by this Bill of Lading is not subject to the HagueVisby
Rules by virtue of Clause 4.1.1 hereof nor to the Hague Rules by virtue of Clause
4.1.2 hereof nor to the U.S. Carriage of Goods by Sea Act by virtue of Clause 4.1.4 hereof,
the Carrier's Liability shall in any event not exceed 100 British Sterling per package or unit.
if the contract contained in or evidenced by this Bill of Lading is subject to the Hague-Visby
Rules by virtue of Clause 4.1.1 hereof the Carrier's liability shall be limited in accordance
with the provisions of Article IV Rule 5 of the Hague-Visby Rules.
if the contract contained in or evidenced by this Bill of Lading is subject to the Hague Rules
by virtue of Clause 4.1.2 hereof the Carrier's liability shall be limited in accordance with the
provisions of Article IV Rule 5 of the Hague Rules, and
if the contract contained in or evidenced by this Bill of Lading is subject to the U.S. Carriage
of Goods by Sea Act by virtue of Clause 4.1.4 hereof the Carrier's liability shall be limited in
accordance with the provisions of Section 4 (5) of the U.S. Carriage of Goods By Sea Act.
Provided always that where the Merchant has with the consent of the Carrier declared the
nature and value of the Goods before shipment and paid or agreed to pay any such extra
freight thereon as may have been required by the Carrier and such nature and value has
been inserted on the face of this Bill of Lading, then the value so stated shall be substituted
for the above limits. In such event the Carrier shall be under no greater liability than the
value so stated and any particular loss or damage shall be adjusted on the basis of such
The aforesaid limits of the Carrier's liability shall apply to all cases of loss of or damage to
the Goods; to all cases of Financial loss sustained in connection therewith, to all the cases
of misdelivery of or to the Goods; to all cases of delay to the Goods; and to all cases of
consequential loss however caused. Subject as aforesaid the limit shall apply irrespective
of whether the Carrier its servants or agents have committed any wrongful, negligent,
grossly negligent, criminal or unlawful act or omission, irrespective of whether any servant
or agent of the Carrier shall have committed any fraudulent deliberate or reckless act or
omission, irrespective of whether the Carrier shall have committed any fundamental breach
of the terms of the Contract contained in or evidenced by this Bill of Lading and irrespective
of whether there has been any deviation or quasideviation from the terms thereof or nonperformance
or improper performance thereof. Subject as aforesaid, the said limit shall
further apply even if the Merchant shall have accepted or purported to accept any breach
by the Carrier as terminating the contract and even if the Merchant shall have elected to
treat the contract as repudiated. The said limit shall further apply to all cases of
unexplained loss or damage and irrespective of whether the Carrier shall have explained or
established the cause of the loss or damage and/or that it has not committed any breach
and/or fundamental breach of the contract.
CERTAIN RIGHTS AND IMMUNITIES FOR THE CARRIER AND OTHER PERSONS
The Carrier shall be entitled to sub-contract on any terms the whole or any part of the
The Merchant undertakes that no claim or allegation arising in contract, bailment, tort or
otherwise can be made against any servant, agent, or sub-contractor of the Carrier which
imposes or attempts to impose upon any of them or any Ship owned or chartered by them
any liability whatsoever in connection with the Goods or the Carriage of the Goods, whether
or not arising out of negligence on the part of such person, and, if any such claim or
allegation shall nevertheless be made, to defend, indemnify and hold harmless the Carrier
against all consequences thereof. Without prejudice to the foregoing, every such servant,
and sub-contractor shall have the benefit of all the provisions in this Bill of Lading of
whatsoever nature herein contained or otherwise benefiting the Carrier, as if such
provisions were expressly for their benefit, and in entering into this contract the Carrier, to
the extent of such provisions, does so not only on its own part, but also as agent and
trustee for such servants, agents and sub-contractors.
The Merchant shall defend, indemnify and hold harmless the Carrier against any claim or
liability (and any expense arising therefrom) arising from the Carriage of the Goods insofar
as such claim or liability exceeds the Carrier's liability under this Bill of Lading.
The defences and limits of liability provided for in this Bill of Lading shall apply in any action
against Carrier whether the action be found in Contract in Tort.
The contract is for liner service and the voyage herein undertaken 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, usual or ordinary route or order, even though
proceeding thereto the vessel may sail beyond the Port of Discharge or in a direction
contrary thereto, or depart from the direct or customary route. The vessel may call at any
Port for the purpose of the current voyage or of a prior subsequent voyage. The vessel may
omit calling at any Port or Ports whether scheduled or not, and may call at the same Port
more than once, (it) may, either with or without the Goods on board, and before or after
proceedings towards the Port of Discharge, adjust compasses, dry-dock, go on ways or to
repair yards, shift berths, undergo degaussing, wiping or similar measures, take fuel or
stores, land stowaways, remain in port, sail 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 Carrier shall be entitled to sub-contract on any terms the whole or any part of the
Carriage. The Carrier shall be entitled to sub-contract on any terms the whole or any part of
The Carrier may at any time and without notice to the Merchant:
Use any means of Carriage whatsoever
Transfer the Goods from one conveyance to another, including but not limited by
transhipping of carrying them on another vessel than that named on the face hereof.
Unpack and remove the Goods which been packed into the Containers and forward them in
Containers or otherwise,
Proceed by any route in his discretion (whether or not the nearest or most direct or
customary or advertised route), at any speed, and proceed to or stay at any place or port
whatsoever, once or more often and in any order.
Load or unload the Goods at any place or port (whether or not such port is named overleaf
as the port of loading or port of discharge) and store the Goods at any such place or port.
Comply with any order or recommendations given by any government or authority, or any
person acting or purporting to act as or on behalf of such government or authority, or
having under the terms of any insurance of any conveyance by the Carrier the right to give
order or directions.
Permit the vessel to proceed with or without pilots, to tow or be towed, or to be dry-docked.
The Carrier has no responsibility whatsoever for the functioning of reefer Containers or
trailers, not owned nor leased by the Carrier.
Shipper Packed Containers. If Containers have not been filled, packed, stuffed or loaded by
the Carrier, the Carrier shall not be liable for loss of or damage to the contents and the
Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred
by the Carrier, if such loss, damage, liability or expenses has been caused by:
The manner in which the Containers have been filled, packed, stuffed or loading or
The unsuitability of the contents for Carriage in Containers, or
The unsuitability or defective conditions of the Containers arising without any want of due
diligence on the part of the Carrier to make the Containers reasonably fit for the purpose for
which it is required or
The unsuitability or defective conditions of the Containers which would have been apparent
upon reasonable inspection by the Merchant at or prior to the time when the Containers
were filled, packed stuffed or loaded.
Inspection of Goods The Carrier shall be entitled, but under no obligation, to open any
Containers at any time and to inspect the contents 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 measure in relation to the Containers
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 the delivery under this Bill of Lading.
The Merchant shall indemnify the Carrier against any reasonable additional expenses
Container equipment interchange conditions. Shipper and consignee engage with Carrier to
indemnify the owners/lessor of Containers (whether the owner/lessor of Containers be the
Carrier or not) against all loss of or damage to any such Containers, and against all loss
and damage occasioned by any Containers or any defect therein to the owner/lessor of
Containers or to any third party to whom the owner/lessor of Containers may be liable by
reason of such loss or damage, where such loss or damage occurs or is sustained while
the Containers are on the premises or in the custody of the shipper or consignee or any
agent therefor, and howsoever such loss or damage may be caused, even if by the breach
of contract, fault or negligence of the Carrier and/or the owner/lessor of Containers.
Mandatory inspection by Authorities. If by order of the authorities at any place, Containers
have to be opened for the Goods to be inspected, the Carrier will not be liable for any
damage incurred as a result of any opening, unpacking, inspection or repackaging. The
Carrier shall be entitled to recover the cost of such opening, unpacking, inspection and
repackaging from the Merchant.
In consideration of the supply of Containers by or on behalf of the Carrier, the Merchant
acknowledges that the supply of such Containers is are subject to the terms and conditions
of the Carrier's Equipment Handover Agreement wherever applicable. A copy of the
Carrier's Equipment Handover Agreement, where applicable, is obtainable from the Carrier
upon request. In the case of inconsistency between this Bill of Lading and the Carrier's
Equipment Handover Agreement this Bill of Lading shall prevail to the extent of the
inconsistency but no further.
The Merchant warrants to the Carrier that the particulars relating to the Goods as set out
overleaf have been checked by the shipper on receipt of this Bill of Lading and that such
particulars and any other particulars furnished by or on behalf of the shippers are correct.
The Merchant also warrants that the Goods are lawful Goods and contain no contraband.
The Merchant shall indemnify the Carrier against all loss, damage, fines and expenses
arising or resulting from inaccuracies in or inadequacy of such particulars. The right of the
Carrier to such indemnity shall in no way limit his responsibility and liability under the Bill of
Lading to any person other than the shipper.
The Merchant shall bear and pay the cost of all mending, bailing and cooperage of and
repairs to or replacement of packages, boxes, wrappers, bags or barrels resulting from
insufficiency of packing or from excepted peril.
All Goods which cannot be identified as to leading marks, Goods out of or separated from
their Containers or packages, cargo sweepings, liquid residue and any unclaimed goods
and cargo not otherwise accounted for shall be allocated for completing delivery to the
Merchant and deliveries of Goods of like character, in proportion to any apparent shortage
loss of weight or damage and such Goods or parts thereof shall be accepted as good
delivery. Loss of or damage to Goods in bulk without separation from other Goods in bulk
of like quantity, shipped by either the same or another Merchant shall be divided in
proportion among the several shipments. If any bagged or baled Goods are discharged
slack or torn the Merchant to whom delivery is made shall accept his proportion of the
sweepings. The Carrier shall not be responsible for loss of weight in bags or bales torn,
mended or with sample holes.
The Merchant shall comply with all regulations or requirements of customs, port and other
authorities and shall bear and pay all duties, taxes, fines, import expenses or losses
incurred or suffered by reason thereof or by any illegal, incorrect or insufficient marking
numbering or addressing of the Goods and indemnify the Carrier in respect thereof.
If Containers are supplied by or on behalf of the Carrier or the Carrier's servants or agents,
the Merchant is responsible for returning the empty Containers, with interiors brushed and
clean to the point or place designated by the Carrier or by the Carrier's servants or agents,
within the time prescribed in the Carrier's applicable tariff. Should Containers not be
returned within the time prescribed in the Carrier's applicable tariff, the Merchant shall be
liable for detention and demurrage at the rates specified in the Carrier's applicable tariff,
together with any losses and expenses which arise from such non-return, including losses
and expenses incurred by the Carrier or the Carrier's servants or agents in seeking the
return of Containers.
The responsibilities, obligations and liabilities of each person within the definition of
Merchant pursuant to clause 1 of this Bill of Lading are joint and several.
the special arrangement for receiving the Goods as full Container load and deliver them as
less Container load (fcl/lcl) and/or for split delivery of Goods to more than one receiver shall
be undertaken by the Carriers at his absolute discretion and on condition that the Carrier
shall not be liable for any shortage, loss, damage or discrepancies of the Goods, which are
found upon unpacking the Container. The Merchant shall be liable for an appropriate
adjustment of the freight and charges and shall pay any additional cost incurred.
the special arrangement for receiving the Goods as less than Containers load and
delivering them as full Container load (lcI/lcl) shall be undertaken by the Carrier at his
absolute discretion and on condition that the Carrier shall not be liable for any shortage,
loss, damage or discrepancies of the Goods, which are not apparent at the time of such
delivery, provided that the Carriers shall have exercised ordinary care in packing the
the Merchant shall inspect Containers before stuffing them and warrants that such has
been carried out and the use if the Containers shall be prima facie evidence of their being
sound and suitable for use.
FCL Multiple Bill of Lading
Goods will only be delivered in Containers to the Merchant if all Bills of Lading in respect of
the contents of the Containers have been surrendered authorising delivery to a single
Merchant at a single Place of Delivery. In the event that this requirement is not fulfilled the
Carrier may unstow the Container and deliver the Goods for which Bills of Lading have
been surrendered without the Container to the Merchant. Such delivery shall constitute due
delivery hereunder, but will only be effect against payments by the Merchant of LCL service
charges and any charges appropriate to LCL Goods (as laid down in the Carrier's
applicable tariff) together with the actual costs incurred for any additional services
Where the contract is an FCL Multiple Bill of Lading (as evidenced by the qualification of
the tally acknowledged overleaf to the effect that is "one of ...........part cargoes in the
Container"), then the Goods detailed overleaf are said to comprise part of the contents of
the Container indicated if the Carrier is required to deliver the Goods to more than one
Merchant and all or part of the total Goods within the Containers consists of bulk Goods or
unappropriated Goods, or is or becomes mixed or unmarked or unidentifiable, the Holders
of Bills of Lading relating to Goods within the Container shall take delivery thereof
(including any damaged portion thereof) and bear any shortage thereof in such proportions
as the Carrier shall in his absolute discretion determine, and such delivery shall constitute
due delivery hereunder.
The Carrier does not undertake that the Goods shall arrive at the Port of Discharge or
Place of Delivery at any particular time or to meet any particular market or use and the
Carrier shall in no circumstances be liable for any direct, indirect or consequential loss or
damage caused by delay. The liability of the Carrier for indirect or consequential loss or
damage caused by delay shall in no case exceed the freight for he transport covered by
this Bill of Lading.
Save as otherwise provided herein, the Carrier shall in no circumstances be liable for direct
or indirect or consequential loss or damage arising from any other cause.
The terms of this Bill of Lading shall govern the responsibility of the Carrier in connection
with or arising out of the supply of Containers to the Merchant whether before or after the
Goods are received by the Carrier for transportation or delivered to the Merchant.
Freight and charges shall be deemed fully earned on receipt of the Goods by the Carrier
and shall be paid and non-returnable in any event.
The Merchant's attention is drawn to the stipulations concerning currency in which the
freight and charges are to be paid, rate of exchange, devaluation and other contingencies
relative to freight and charges in the Carrier's applicable tariff.
The freight has been calculated on the basis of particulars furnished by or on behalf of the
shipper. The Carrier may at any time open any Container or other package or unit in order
to re-weigh, re-measure or re-value the contents, and if the particulars furnished by or on
behalf or the shipper are incorrect, it is agreed that a sum equal to either five times the
difference between the correct freight and the freight charged or to double the correct
freight less the freight charged, which ever sum is the smaller, shall be payable as
liquidated damages to the Carrier.
Full freight hereunder shall be due and payable at the place where this Bill of Lading is
issued, by the shipper in cash without deduction on receipt of the Goods or part thereof by
the Carrier for shipment even if stated in this Bill of Lading to be payable elsewhere and
shall be deemed to have been fully earned upon such receipt of such Goods. All charges
due hereunder together with freight (if not paid at the Port of Loading as aforesaid) shall be
due from and payable on demand by shipper, consignee, owner of the Goods or Holder of
this Bill of Lading (who shall be jointly and severally liable to the Carrier thereof) at such
Port or place as the Carrier may require, vessel or cargo lost or not lost from any cause
The Carrier shall have a lien on Goods and any documents relating thereto for all sums
whatsoever due at any time to the Carrier from the Merchant for this or any previous
shipments and for General Average contributions to whomsoever due and for the costs of
recovering same and the Carrier shall have the right to sell the Goods and documents by
public auction or private treaty, without notice to the Merchant and at the Merchant's
expense and without any liability towards the Merchant.
Optional Stowage, Deck Cargo and Live Animals
The Carrier shall have liberty, in relation to any Carriage by sea, to carry the Goods of any
part of them on deck or under deck as his sole discretion without giving any further notice
to or obtaining any further consent from the Merchant for this or any previous shipments
and no Carriage on deck (whether or not the Goods are stated by this Bill of Lading as
being carried on deck) shall constitute a deviation.
The Carrier may pack the Goods or any part of them in Containers at the Carrier's sole
discretion and the Carrier shall be entitled without notice to the Merchant to carry the
Goods on deck in Containers. Containers may be stowed on deck or under deck and when
so stowed shall be deemed for all purposes (but in particular for the purposes of clause 5
hereof) to be stowed under deck.
The Carrier does not undertake to carry the Goods in refrigerated, heated, insulated,
ventilated or any special Containers nor to carry special Containers packed by or on behalf
of the Merchant as such; but the Carrier will treat the Goods or Containers only as ordinary
Goods or Containers respectively unless special arrangements for the Carriage of Goods
or Containers have been agreed to in writing between the Carrier and the Merchant and
unless such special arrangements are noted on the face of this Bill of Lading and unless
special freight as required has been paid. The Carrier shall not accept responsibility for the
function of special Containers supplied by or on behalf of the Merchant.
As regards the Goods which have been agreed to be carried in special Containers the
Carrier shall subject always to clause 5 (Carrier's responsibility clause) hereto exercise due
diligence to maintain the facilities or the special Containers while they are in his actual
custody and control and shall not be liable for any kind of loss or damage to the Goods by
latent defect, derangement or breakage of facilities of the Containers.
If the Carrier received the Goods in refrigerated Containers into which the contents have
been 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 Carrier shall not be liable
for any loss or damage to the Goods arising out or resulting from the Merchant's failure in
such obligation and further does not guarantee the maintenance of the intended
temperature inside the Containers.
The Carrier does not accept responsibility for the functioning of reefer Containers or
Trailers not owned or leased by the Carrier.
Notwithstanding anything to the contrary herein contained;
Goods carried on deck and stated in this Bill of Lading as so carried are received kept and
carried at the sole risk of the Merchant and without responsibility on the part of the Carrier
for loss or damage of whatever nature arising whether caused by unseaworthiness or
unfitness of any made of conveyance employed by the Carrier; negligence or any other
Goods carried on deck and not stated in the Bill of Lading as so carried are received kept
and carried subject to all the terms conditions and exceptions contained in this Bill of
Lading in particular clause 5 hereof and
all Goods carried on deck (other than live animals which are referred to in sub-clause14.5)
of this sub-clause) shall contribute in general average.
Live animals, whether or not carried on deck are received kept and carried at the sole risk
of the Merchant and without responsibility on the part of the Carrier for loss or damage of
whatsoever nature arising whether caused by unseaworthiness or unfitness of any mode of
conveyance employed by Carrier, negligence or any other whatsoever.
Matters Affecting Performance
If at any time the Carriage is or is likely to be effected by the hindrance, risk, delay, difficulty
or disadvantage of any kind (other than the inability of the Goods safely or properly to be
carried or carried further) and howsoever arising (even though the circumstances giving
rise to such hindrance, risk, delay, difficulty or disadvantage existed at the time this contract
was entered into or the Goods were received for Carriage), the Carrier (whether or not the
Carriage is commenced) may, without prior notice to the Merchant and at the sole
discretion of the Carrier, either:-
Carry the Goods to the contracted Port of Discharge or Place of Delivery, whichever is
applicable, by an alternative route to that indicated in this Bill of Lading or that which is
usual for Goods consigned to that Port of Discharge or Place of Delivery. If the Carrier
elects to invoke the terms of this clause, then, he shall be entitled to charge such additional
freights as the Carrier may determine.
Suspend the Carriage of the Goods and store them ashore or afloat upon the terms of this
Bill of Lading and endeavour to forward them as soon as possible, but the Carrier makes
no representations as to the maximum period of suspension. If the Merchant elects to
invoke the terms of this clause (15.2) then he shall be liable for payment of such additional
freight as the Carrier may determine.
Abandon the Carriage of the Goods and place the Goods 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 on the Goods received for Carriage, and delivery and
storage at such Place or Port. If the Carrier elects to use an alternative route under Clause
(15.1) or to suspend the Carriage under Clause (15.2) this shall not prejudice his rights
subsequently to abandon the Carriage.
No Goods which are or may become dangerous, inflammable or damaging (including radio
active materials), or which are or may become liable to damage any property whatsoever,
shall be tendered to the Carrier for Carriage without his express consent in writing, and
without the Containers or other covering in which the Goods are to be carried as well as the
Goods themselves being distinctly marked on the outside so as to indicate the nature and
character of any such Goods so as to comply with any applicable laws, regulations or
requirements. If any such Goods are delivered to the Carrier without such written consent
and/or marking, or if the opinion of the Carrier the Goods are or are liable to become of a
dangerous, inflammable or damaging nature, they may at any time be destroyed, disposed
of, abandoned or rendered harmless without compassion to the Merchant and without
prejudice to the Carrier's right to freight.
The Merchant undertakes that such Goods are packed in a manner adequate to withstand
the risks of Carriage having regard to their nature and in compliance with all laws or
regulations which may be applicable during the Carriage.
Whether or not the Merchant was aware of the nature of the Goods and whether or not the
Carrier consented to the Carriage of such Goods, the Merchant shall indemnify the Carrier
against all claims, losses, damages or expenses arising in consequence of the Carriage of
Nothing contained in this Clause shall deprive the Carrier of any of his rights provided for
Regulations Relating to Goods
The Merchant shall comply with all regulations or requirements of customs, port and other
authorities and shall bear and pay all duties, taxes, fines, imposts, expenses or losses
incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient
marking, numbering or addressing of the Goods and indemnify the Carrier in respect
Notification and Delivery
Any mention herein of parties to be notified of the arrival of the Goods is solely for
information of the Carrier, and failure to give such notification shall not involve the Carrier in
any liability nor relieve the Merchant of any obligation hereunder.
The Merchant shall take delivery of the Goods within the time provided for in the Carrier's
applicable tariff, where applicable, or, in conformity with the particular port or customs’
regulations and/or practice. If the Merchant fails to do so the Carrier shall be entitled,
without notice, to unpack the Goods if packed in Containers and/or to store the Goods
ashore, afloat, in the open or under cover, at the sole risk of the Merchant. Such storage
will constitute due delivery hereunder, and thereupon the liability of the Carrier in respect of
the Goods stored as aforesaid shall wholly cease, and the costs of such storage (if paid or
payable by the Carrier or any agent or Sub-Contractor of the Carrier) shall forthwith upon
demand be paid by the Merchant to the Carrier.
If the Merchant fails to take delivery of the Goods within the period identified in Clause 18.2
above, and delivery is thereby deemed to have taken place, nothing herein shall restrict the
Carrier's right, without notice and without any responsibility whatsoever attaching to him, to
sell, or destroy, dispose of the Goods, and proceeds of sale in reduction of any sum which
may be levied against the Carrier and/or agent by any third party or authority for the cost of
storage and/or handling or any other costs and expenses or charges attributable or
incurred by reason of the Merchant's failure to take actual delivery of the Goods within the
Refusal by the Merchant to take delivery of the Goods in accordance with the terms of this
Clause and/or to mitigate any loss or damage thereof shall constitute a waiver by the
Merchant to the Carrier of any claim whatsoever relating to the Goods or the Carriage
In the event of the Carrier agreeing to a request of the Merchant to amend the Place of
Delivery stated herein, the terms and conditions of this Bill of Lading shall continue to
apply, only to the extent provided by the Carrier's applicable tariff, until the Goods are
delivered by the Carrier to the Merchant at the amended Place of delivery. Once the
Carrier's applicable tariff ceases to provide for the continued application of the terms and
conditions of the Bill of Lading then the Carrier shall act as agent only of the Merchant in
arranging for delivery of the Goods to the amended Place of Delivery but shall then be
under no liability whatsoever for loss, damage or delay to the Goods, howsoever arising.
If the (carrying) Ship comes into collision with another Ship as a result of the negligence of
the other Ship and any act, neglect or default in the navigation or the management of the
carrying Ship, the Merchant undertakes to pay the Carrier, or, where Carrier is not the
Owner and in possession of the carrying Ship, to pay to the Carrier as trustee for the
Owner and/or demise charterer of the carrying Ship, a sum sufficient to indemnify the
Carrier and/or the Owners and/or demise charterer of the carrying Ship against all loss or
liability to the other or non-carrying Ship or her Owner in so far as such loss liability
represents loss of or damage to, or any claim whatsoever of the Merchants, paid or
payable by the other or non-carrying Ship or her Owner to the Merchants and set-off,
recouped or recovered by the other or non-carrying Ship or her Owner as part of their claim
against the carrying Ship or her Owner or demise charterer or the Carrier. The foregoing
provisions shall also apply where the Owners, operators, or those in charge of any Ship or
Ships or objects, other than, or in addition to, the colliding Ships or objects, are at fault in
respect to a collision, contact, stranding or other accident.
General average shall be adjusted at any Port or Place at the option of the Carrier and
subject to clause 15 in accordance with the York-Antwerp Rules 1974 as amended 1990
provided that where an adjustment is made in accordance with the law and practice of the
United States of America or of any other country having the same or similar law or practice
the following clause shall apply: -
New Jason Clause: - In the event of accident, danger, damage or disaster before or after
the 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 and the Merchant 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 shall be paid for as fully as if the said salving vessel belonged to strangers
If the Carrier delivers the Goods without obtaining security for general average
contributions, the Merchant by taking delivery of the Goods, under-takes personal
responsibility to pay such contributions and to provide such cash deposit or other security
for the estimated amount of such contributions as the Carrier shall reasonably require.
The Carrier shall be under no obligation to exercise any lien for general average
contribution due to the Merchant.
Variation of the Contract etc.
No servant or agent of the Carrier shall have power to waive or vary term of this Bill of
Lading unless such waiver or variation is in writing and is specifically authorised or ratified
in writing by the Carrier.
Governing Law and Jurisdiction
The contract shall be governed and construed in accordance with Law as stated on the
face of this bill of lading.
Any claim or other dispute arising out of or in connection with the contract contained in or
evidenced by this Bill of Lading shall be referred to the Supreme Court of Law as stated on
the face of this bill of lading. Save as aforesaid the Merchant shall not commence any
action or other legal proceedings (including but not limited to proceedings commenced for
the purpose of obtaining security) in respect of any such claim or dispute.
If despite sub-clause (22.2) of this clause any action or legal proceedings are commence
by or on behalf of the Merchant otherwise than before the Supreme Court of place and law
of jurisdiction stated on face of bill of lading, the Merchant shall indemnify the Carrier in
respect of whatsoever costs and expenses incurred by the Carrier in connection therewith
including (but without prejudice to the generality of the foregoing):
all guarantee, bail bond and interest charges incurred by or on behalf of the Carrier in
connection with the provision of security in respect of the claim or disputes, and
whatsoever legal costs incurred by or on behalf of the Carrier.