LINER BILL OF LADING (Altered*)
(Liner
terms approved by the Baltic and International Maritime Conference)
Code
Name: "Conlinebill*"
Amended
January 1, 1950, August 1952, January 1, 1973, August 1, 1976, January 1, 1979
1. Definitions. Wherever
the term A Merchant@ is used in this Bill of Lading, it shall be deemed to
include the Shipper, the Receiver, the Consignee, the Holder of the Bill of Lading
and the Owner of the cargo and all those with present or future interest in
the goods. "Package" includes containers, trailers, platforms,
flatracks, vans, pallets, pieces bags, vehicles, or any other articles of
transport and functional package units. "Carrier" means the company
named at the top of the face of this Bill of Lading, and in so far as the
carriage by sea is concerned, the registered or disponent owners of the vessel.
2. General Paramount Clause.
The Hague Rules contained in the International Convention for the Unification
of certain rules relating to Bills of Lading, dated Brussels the 25th
August 1924 as enacted in the country of shipment shall apply to this contract.
When no such enactment is in force in the country of shipment, the corresponding
legislation of the country of destination shall apply, but in respect of
shipments to which no such enactments are compulsorily applicable, the terms of
the said Convention shall apply save that the limitation for the purposes
of Article IV of the Hague Rules shall be 100 British pounds sterling.
Trades where Hague-Visby Rules apply.
In
trades where the International Brussels Convention 1924 as amended by the
Protocol signed at Brussels on February 23rd 1968 -The Hague-Visby
Rules- apply compulsorily, the provisions of the respective legislation shall
be considered incorporated in this Bill of Lading. The Carrier takes all
reservations possible under such applicable legislation, relating to the period
before loading and after discharging and while the goods are in the charge of
another Carrier, and to deck cargo and live animals.
Save
where the Hague or Hague-Visby Rules apply as per above, this Bill of Lading
shall take effect subject to any national law in force at the port of loading
making the Hamburg Rules compulsorily applicable to this Bill of Lading in
which case this Bill of Lading shall have effect subject to the Hamburg Rules
which shall nullify any stipulation derogating there from to the detriment of
the shipper or consignee
Trades to or from the United States
The
above notwithstanding, if the carriage is to or from the Untied States the U.S.
Carriage of goods by Sea Act, 1936 shall apply.
3. Jurisdiction. Any
dispute arising under or in connection with this Bill of Lading,
whether in contract or tort, shall be referred to final and binding arbitration
in Houston, Texas under the Rules of the Houston Maritime Arbitrators
Association. The law of the country of the carrier named at the top of the face
of this Bill of Lading shall apply except as provided elsewhere herein.
4. Period of Responsibility. The
Carrier or his Agent shall not be liable for loss of or damage to the goods
during the period before loading and after discharge from the vessel, however
such loss or damage arises. Nevertheless, the terms and conditions of this
Bill of Lading shall apply at all times that the goods are in the possession or
custody of the Carrier or its agents, servants, or contractors including any
joint service connecting carrier.
5. The Scope of Voyage.
As the vessel is engaged in liner service the intended voyage shall not be
limited to the direct route but shall be deemed to include any proceeding or
returning to or stopping or slowing down at or off any ports or places for any
reasonable purpose conceited to the service including maintenance of vessel and
crew.
6. Substitution of Vessel, Transshipment and
Forwarding. The Carrier shall be entitled
to subcontract 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. Whether expressly arranged beforehand or
otherwise, the Carrier shall be at liberty to carry the goods to their port of
destination by the said or other vessel or vessels either belonging to the
Carrier or others, or by other means of transport, proceeding either directly
or indirectly to such port and to carry the goods or part of them beyond their
port of destination, and to transship, land and store the goods either on shore
or afloat and reship and forward the same at Carrier=s expense but at
Merchant=s risk. When the ultimate destination at which the Carrier may have
engaged to deliver the goods is other than the vessel=s port of discharge, the
Carrier acts as Forwarding Agent only. The responsibility of the Carrier shall
be limited to the part of the transport performed by him on vessels under his
management and no claim will be acknowledged by the Carrier for damage or loss
arising during any other part of the transport even though the freight for the
whole transport has been collected by him.
7. Lighterage. Any
lightering in or off ports of loading or ports of discharge to be for the
account of the Merchant.
8. Loading, Discharging and Delivery
of the cargo shall be arranged by the Carriers Agent unless otherwise agreed.
Landing, storing and delivery shall be for the Merchants account. Loading and
discharging may commence without previous notice.
The
Merchant or his Assign shall tender the goods when the vessel is ready to load
and as fast as the vessel can receive and -but only if required by the Carrier
- also outside ordinary working hours notwithstanding any custom of the port.
Otherwise the Carrier shall be relieved of any obligation to load such cargo
and the vessel may leave the port without further notice and dead freight is to
be paid. The Merchant or his Assign shall take delivery of the goods and
continue to receive the goods as fast as the vessel can deliver and-but only if
required by the Carrier - also outside ordinary working hours notwithstanding
any custom of the port Otherwise demurrage is to be paid and/or the
Carrier shall be at liberty to discharge the goods and any discharge to be
deemed a true fulfillment of the contract, or alternatively to act under Clause
16.
The
Merchant shall bear all overtime charges in connection with tendering and
taking delivery of the goods as above. If the goods are not applied for within
a reasonable time, the Carrier may sell the same privately or by auction. The
Merchant shall accept his reasonably proportion of unidentified loose cargo. In
no case shall the Merchant have the right to abandon the goods to the Carrier
for any reason.
9. Live Animals and Deck Cargo shall
be carried subject to the Hague Rules as referred to in Clause 2 hereof with
the exception that notwithstanding anything contained in Clause 19 the Carrier
shall not be liable for any loss or damage resulting from any act, neglect or
default of his servants in the management of such animals and deck cargo.
10. Options. The port of
discharge for optional cargo must be declared to the vessels Agents at the
first of the optional ports not later than 48 hours before the vessels arrival
there. In the absence of such declaration the Carrier may elect to discharge at
the first or any other optional port and the contract of carnage shall then be
considered as having been fulfilled. Any option can be exercised for the total
quantity under this Bill of Lading only.
11. Freight and Charges.
(a)
All freight and other charges whether actually paid or not,
shall be considered as fully earned prorata upon receipt of the goods by
the Carrier and shall be paid in any event, without reduction or offset of any
kind, vessel or cargo damaged, lost, or not, and is discountless and nonreturnable
in any event. The Carriers claim for any charges under this contract shall be
considered definitely payable in like manner as soon as the charges have been
incurred. The Merchant shall remain liable for freight and charges, dead
freight, demurrage, wharfage, terminal handling charges both ends, dues,
duties, and taxes. Interest a 12 per cent per annum,
shall run from the date when freight and charges are due until paid. Freight
and other charges is due on signing/prior releasing of this Bill of Lading. All
cargo to be measured at the extremes for purpose of calculating cargo cubic.
Carriers surveyor may measure and/or weigh cargo to determine measurement and
weight. Carriers measure and weight to be used for calculation of freight and
other charges.
(b)
The Merchant shall be liable for expenses of fumigation and of gathering and
sorting loose cargo and of weighing onboard and expenses incurred in repairing
damage to and replacing of packing due to excepted causes and for all expenses
caused by extra handling of the cargo for any of the aforementioned reasons.
(c)
Any dues, duties, taxes and charges which under any denomination may be levied
on any basis such as amount of freight, weight of cargo or tonnage of the vessel
shall be paid by the Merchant.
(d)
The Merchant shall be liable for all fines and/or losses which the Carrier,
vessel or cargo may incur through nonobservance of Custom House and/or import
or export regulations.
(e)
The Carrier is entitled in case of incorrect declamation of contents, weights,
measurements or value of the goods to claim double the amount of freight which
would have been due if such declaration had been correctly given. For the
purpose of ascertaining the actual facts, the Carrier reserves the right to
obtain from the merchant the original invoice and to have the contents
inspected and the weight, measurement or value verified.
(f)
In any referral for collection or action against the Merchant for monies due to
Carrier, the Merchant shall pay the expenses of collection including
arbitration and reasonable attorneys fees, costs, and expenses.
12. Lien. The Carrier
shall have a lien for any amount due under this contract and costs of
recovering same and shall be entitled to sell the goods privately or by auction
to cover any claims.
13. Delay/Damage.
The Carrier shall not be responsible for
any loss sustained by the Merchant throughout the delay of the goods unless
caused by the Carriers personal gross negligence. Any compensation for
liability shall be calculated on the cost of the goods at time and place
accepted by the Carrier. Carrier to have the option of replacing or repairing
damaged cargo. The Carrier does not undertake that the cargo will be loaded or
transported or will arrive be discharged at any particular date or time.
Without waiver of any limitation of liability available, in no event shall the
Carrier be liable for consequential, incidental, special, or punitive damages
in connection with any loss, damage, delay, or transportation of the cargo. The
Carrier and the vessel shall be discharged unless notice is given of any
apparent damage to the cargo within three (3) days of discharge thereof and
unless claim is made and proceedings instituted within one (1) year after
delivery of the cargo or the date the cargo when the cargo should have been
delivered. All defenses, limitations, and limitations of liability
shall apply regardless of whether the action be founded in contract or in tort.
14. General Average and Salvage. General
Average to be adjusted at any port or place at Carriers option and to be
settled according to the York Antwerp Rules 1994. In the event of accident,
danger, damage or disaster before or after commencement of the voyage resulting
from any cause whatsoever, whether due to negligence or not, for which or for
the consequence of which the Carrier is not responsible by statute, contract or
otherwise, the Merchant shall contribute with the Carrier in General Average to
the payment of any sacrifice, losses or expenses of a General Average nature
that may be made or incurred, and shall pay salvage and special charges
incurred in respect to the goods if a salving vessel is owned or operated by
the Carrier, salvage shall be paid for as fully as if the salving vessel or
vessels belonged to strangers.
15. Both-to-Blame Collision Clause.
(This clause to remain in effect even if unenforceable in the Courts of the
United States of America) If the vessel comes into collision with another vessel
as a result of the negligence of the other vessel and any act, negligence or
default of the 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 in so far as such loss or liability represents loss of, or damage to
or any claim whatsoever of the owner of the said goods, paid or payable by the
other or non-carrying vessel or her Owners to the owner of said cargo and
setoff, or recouped or recovered by the other or non-carrying vessel or her
Owner as part of his claim against the carrying vessel or Carrier. The
foregoing provisions shall also apply where the Owner, operator 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 to a collision or contact.
16. Government directions, War, Epidemics, Ice,
Strikes, etc.
(a)
The Master and the Carrier shall have liberty to comply with any order or
directions or recommendations in connection with the transport under this
contract given by any Government or Authority, or anybody acting or purporting
to act on behalf of such government or Authority, or having under the terms of
the Insurance on the vessel the right to give such orders or directions or
recommendations.
(b)
Should it appear that the performance of the transport would expose the vessel
or any goods onboard to risk or seizure or damage or delay, resulting from war,
warlike operations, blockage, riots, civil commotions or privacy, or any person
onboard to the risk of loss of life or freedom, or than any such risk has
increased, the Master may discharge the Cargo at port of loading or any other safe
and convenient port.
(c)
Should it appear that epidemics, quarantine, ice-labor troubles, labor
obstructions, strikes, lockouts, any of which onboard or on shore- difficulties
in loading or discharging would prevent the vessel from leaving the port of loading
or reaching or entering the port of discharge or there discharging in the usual
manner and leaving again, all of which safely and without delay, the Master may
discharge the cargo at port of loading or any other safe and convenient port.
(d)
The discharge under the provisions of this clause of any cargo for which a Bill
of Lading has been issued shall be deemed due fulfillment of the contract. If
in connection with the exercise of any liberty under this clause any extra
expenses are incurred, they shall be paid by the Merchant in addition to the
freight, together with return freight if any and a reasonable compensation for
any extra services rendered to the goods.
(e)
If any situation referred to in this clause may be anticipated, or if for any
such reason the vessel cannot safely and without delay reach or enter the
loading port or must undergo repairs, the Carrier may cancel the contract
before the Bill of Lading is issued.
(f)The
Merchant shall be informed if possible.
17. Identity of Carrier.
The registered or disponent owner of the vessel named herein
(or substitute) only shall be liable for any damage or loss due to any breach
or non-performance of any obligation arising out of the contract of carriage,
whether or not relating to the vessels seaworthiness. If, despite the
foregoing, it is adjudged that any other is the Carrier and/or bailee of the
goods shipped hereunder, all limitations of, and exonerations from liability
provided for by law or by this Bill of Lading shall be available to such other.
It
is further understood and agreed that as the Line, Company, or Agents who has
executed this Bill of Lading for and on behalf of the Master is not a principal
in the transaction, said Line, Company or Agents shall not be under any
liability arising out of the contract of carriage, nor as Carrier nor bailee of
the goods.
18. Exemptions and Immunities of all servants and
agents of the Carrier. It is hereby expressly agreed that
no servant or agent of the Carrier (Including every independent contractor from
time to time employed by the Carrier and all stevedores, terminals, agents,
and the managers of the vessel) shall in any circumstances whatsoever be
under any liability whatsoever to the Merchant for any loss damage or delay
arising or resulting directly or indirectly from any act, neglect or default on
his part while acting in the course of or in connection with his employment
and, but without prejudice to the generality of the foregoing provisions in
this clause, every exemption, limitation, condition and liberty herein
contained and every right, exemption from liability, defense and immunity of
whatsoever nature applicable to the Carrier or to which the Carrier is entitled
hereunder shall also be available and shall extend to protect every such
servant or agent of the Carrier acting as aforesaid and for the purpose of all
the foregoing provisions of the clause the Carrier is or shall be deemed to be
acting as agent or trustee on behalf of and for the benefit of all persons who
are or might be his servants or agents from time to time (including independent
contractors as aforesaid) and all such persons shall to this extent be or be
deemed to be parties of the contract evidenced by this Bill of Lading. The
provisions of Clause 3 above shall be applicable in any claim against any of
said servants or agents. The Carrier shall be entitled to be paid by the
Merchant on demand any sum recovered or recoverable by the Merchant or from any
other such servant or agent of the Carrier for any such loss, damage or delay
or otherwise.
19. Optional Stowage, Unitization,
Containers.
(a)
Goods may be stowed by the Carrier as received, or, at Carrier=s option, by
means of container, or similar articles of transport used to consolidate goods.
Cargo may be carried on or under deck and restowed on or under deck
regardless of whether done after this Bill of Lading is issued without prior
notice to the Merchant and without the same being considered a deviation. (b)
Containers, trailers and transportable tanks, whether stowed by the Carrier or
received by him in a stowed condition from the Merchant, may be carried on or
under deck without notice to the Merchant.
(c)
The Carriers liability for cargo stowed as aforesaid shall be governed by the
Hague Rules as defined above notwithstanding the fact that the goods are being
carried on deck and the goods shall contribute to general average and shall
receive compensation in general average.
20. Package Limitation.
In the event of any loss or damage to Goods exceeding in actual value of
US$500 lawful money of the Untied States per package, or in case of Goods not
shipped in packages, per customary freight until, the value of Goods shall be
deemed to be US$500 per package or per customary freight units, as the case may
be, and Carriers liability, if any, shall be determined on the basis of US$500
per package or per customary freight until, unless the nature of Goods and a
higher value has been declared by Shipper, in writing before shipment, and
inserted in this Bill of Lading, and extra freight paid thereon if required.
Where a container is stuffed by the Shipper or on its behalf and the container
is sealed when received, Carriers liability shall be limited to US$500 with
respect to the contents of each such container unless the preceding declaration
is made, inserted on this Bill of Lading, and extra freight paid thereon if
required.
In
the event of a higher value being declared by Shipper, in writing and inserted
in this Bill of Lading with extra freight paid thereon in accordance with
Carriers tariff, Carriers liability, if any, for loss or damaged in connection
with Goods shall be determined on the basis of such declared value, and pro
rata of such declared value in case of partial loss or damage, provided such
declared value does not exceed the actual value of Goods.
Additional Clauses
A. Demurrage. The Carrier
shall be paid demurrage at the rate specified in the Other Terms and
Conditions block on the face of this Bill of Lading, but
if no rate is filled in then $8,000 per day or pro rata, if
the vessel is not loaded or discharged with the dispatch set out in Clause 8,
any delay in awaiting for berth at or off port to count. Provided that if the
delay is due to causes beyond the control of the Merchant, 24 hours shall be deducted
from the time on demurrage.
Each
Merchant shall be liable towards the Carrier for a proportionate part of the
total demurrage due, based upon the total freight on the goods to be loaded or
discharged at the port in question.
No
merchant shall be liable in demurrage for any delay arising only in connection
with goods belonging to other Merchants. The demurrage in respect of each
parcel shall not exceed its freight.
B. US Trade. Period of Responsibility. In
case the Contract evidenced by this Bill of Lading is subject to the US
Carriage of Goods by Sea Act, then the provisions stated in said Act shall
govern before loading and after discharge and throughout the entire time the
goods are in the Carriers custody.
C. Particular Cargos. The
Carrier specifically reserves all defenses, rights and immunities to which it
is entitled by Article 4, section 2 of the Hague Rules and other similar
legislation if the goods have been unpacked, or packed in bales or trusses
which are not cross hooped, in single hessian, jute, or cotton bags, in
secondhand packages, in paper or cardboard cartons, or in any other
insubstantial packaging which requires handling beyond due diligence, whether
or not such packaging is customary in that particular trade and whether or not
the goods have been described herein as being in apparent good order and
condition. Paper in reels shipped unprotected shall be deemed to be
insufficiently packed and cutting, gouging, core damage shall be deemed to be
the result of inherent vice of the goods. Merchant warrants that an allowance
of 2.5 cm of cuts, dents, gouges or pressure marks shall be deducted from
damages claimed. Pipe with beveled ends shipped without end protectors shall be
deemed to be insufficiently packed and the Carrier shall not be liable or
responsible for damages to the beveled ends. 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 goods and acknowledgment of receipt
of the goods in apparent good order and condition is not a representation that
such conditions of rust, oxidation or the like did not exist upon receipt.
The Merchant must declare in writing before delivery of the goods to the
Carrier: the weight of a single piece or package exceeding 51,000 kilos gross,
which must be marked clearly and durably on the outside of the piece or package
in letters and figures not less than two inches high, and for pieces or
packages awkward for handling in normal loading operations weight, dimensions
must be provided in writing with center of gravity clearly marked if required,
or lifting points clearly marked if required. In case Merchant fails in his
obligations to properly notify Carrier of heavy or awkward pieces or packages
the Carrier shall not be responsible for any loss or damage to or in connection
with the goods, and at the same time Merchant shall be liable for any loss of,
or damage to any property or personal injury arising as a result of the
Merchants said failure and shall indemnify the Carrier against any kind of loss
or liability suffered or incurred by the Carrier as a result of such failure.
Goods of a flammable, explosive, corrosive, radioactive, noxious, hazardous,
unstable or dangerous nature, shipped without full disclosure in writing to the
Carrier as to their nature and character, may at any time before discharge be
landed at any place, thrown overboard, destroyed or rendered innocuous without
liability on the part of the Carrier or other Merchants and even if such disclosure
be made the Carrier may without incurring any liability make the same
disposition of such Goods, if in the opinion of the Carrier they shall be or
become dangerous or noxious to the Vessel or cargo or to persons. The Merchant
shall indemnify and hold harmless the Carrier for all losses, damages,
liabilities, fines, civil and criminal penalties and expenses (including
attorneys fees) suffered by the Carrier caused in whole or in part by omission
of full disclosure required by this paragraph or by applicable law or
regulations. Unless otherwise specified, hazardous cargo is subject to a
surcharge.
D. Containers. The
Carrier does not represent to be accurate and is not bound by any description
of the value, quantity, weight condition, or existence of the contents of any
containers (including any vans, trailers, portable tanks, skids, palletized
units, and other cargo units) furnished or stuffed by or on behalf of Merchant
or identified in this Bill of Lading by use of the phrase "said to contain"
or otherwise, and shall not be liable for any difference in value, quantity,
weight or condition of the cargo furnished by or on behalf of the Merchant and
that of the cargo actually delivered. The Carrier shall have no responsibility
or liability whatsoever for the packing, loading, securing, shoring and/or
stowage of contents of such cargo units, or for loss or damage caused thereby
or resulting there from. The Merchant with respect to
cargo units not packed or loaded by Carrier, represents and warrants (a) that
the cargo is properly described, marked, secured, and packed in their
respective cargo units, (b) that any cargo units other than Carrier furnished
units are physically suitable, sound and structurally adequate properly to
contain and support the cargo during handling and on the voyage, and that such
cargo units may be handled in the usual and customary manner without damage to
themselves or to their contents, or to the Vessel or its other cargo, or
property, or person, (c) 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 (d) that such units are in compliance with all applicable
government regulations. The Merchant shall assume full responsibility for and
shall indemnify Carrier against any loss or damage to the Carriers container
and other equipment, and damage to property, including contents of container,
or personal injury caused by Carriers container or the contents thereof, and
other equipment, which occurs while in possession or control of the Merchant or
his agents or subcontractors or any person or entity acting on Merchants
behalf.
*This
Conlinebill has been altered for clarification purposes where italicized.