Bill of Lading Terms: Car Carrier/RoRo Back Clauses
In this Bill of Lading the word "ship"
shall include any substituted vessel, and any craft, lighter or
other means of conveyance owned, chartered or operated by the
Carrier used in the performance of this contract: the word "Carrier"
shall include the ship, her owner, master, operator, demise
charterer, agent, and if bound hereby, time charterer and any
substituted carrier, whether the owner, operator, charterer, or
master shall be acting as carrier or bailee: the word "shipper"
shall include the person named as such in this Bill of Lading and
the person for whose account the goods are shipped: the word
"consignee" shall include the holder of Bill of Lading, properly
endorsed, and the receiver and the owner of the goods: the word
"charges" shall include freight and all expenses and money
obligations incurred and payable by the goods, shipper, consignee,
or any of them: the word "package" shall include any piece, article
or shipping unit of any description.
This Bill of Lading shall have effect
subject to the provisions of the Japan International Carriage of
Goods by Sea Act (Hague Rules Legislation effective January 1958),
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
rights or immunities or an increase of any of its responsibilities
or liabilities under that Act.
If for any reason Japanese
law is not applied, the Hague Rules Legislation of the forum, or if
none that of the place of shipment, or if neither that of the place
of import, if not the place of the forum, shall be applied.
The carrier shall not be
liable as a carrier prior to the loading of the goods on board the
ship or after the goods have left the ship’s tackle on unloading.
While the goods are in its actual custody before they are loaded on
the ship and after they are discharged therefrom, either at the port
of distination or transshipment or elsewhere, the liability of the
Carrier shall be merely that of bailee.
During such periods the provisions of the
pertinent Hague Rule Legislation shall, where applicable, govern the
rights and obligations of the Carrier, the shipper and the
consignee. The Carrier shall not be liable in any capacity
whatsoever for any delay, non-delivery or misdelivery, or loss of or
damage to the goods occurring while the goods are not in the actual
custody of the Carrier.
If any provision of this Bill
of Lading be repugnant to the pertinent Hague Rule Legislation to
any extent, such provision shall be void to that extent but no
further.
The Carrier shall be entitled to the full
benefit of, and right to, all limitations of, or exemptions from,
liability authorized by any provisions of any country’s law,
statutes or regulations which may be pertinent. This shall include,
but shall not be limited to, the full benefit of, and right to all
limitations of, or exemptions from, liability authorized by any
provisions of sections 4281 to 4286 of the Revised Statutes of the
United States and amendments thereto and of any other provision of
the laws of the United States. If the ship is not owned by, or
chartered by demise to the company or line by whom this Bill of
Lading is issued (as may be the case notwithstanding anything that
appears to the contrary), this Bill of Lading shall take effect only
as a contract with the owner or demise charterer, as the case may
be, as principal made through the agency of the said company or
line, who act as agents only and shall be under no personal
liability whatsoever in respect thereof. If, however, it shall be
adjudged that any other than the owner or demise charterer is
carrier and/or bailee of the goods all limitations of and exemptions
from liability provided by law or by the terms hereof shall be
available to such other.
The scope of voyage herein contracted for
shall include usual or customary or advertised ports of call whether
named in this contract or not and also ports and places in or out of
the advertised, geographical, usual or ordinary route or order even
though, in proceeding thereto, the ship may sail beyond the port of
discharge 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. Included in the scope
of contract voyage are any and all calls that the ship may make at
any port or place which the Carrier may for any reason deem
advisable for the purposes of the current voyage, or of a prior or
subsequent voyage, even though such voyages may overlap and even
though such reasons or purposes may include the loading and / or
discharging of passengers and / or cargo. The ship may omit calling
at any port or ports or places whether scheduled or not, and may
call at the same port or place more than once: may, for matters
occurring before loading the goods, known or unknown at the time of
such loading, and matters occurring after such loading, either with
or without the goods or passengers on board, and before or after
proceeding toward the port of discharge, adjust compasses, dry dock,
go on ways or to repair yards, shift berths, make trial trips of
tests, take on fuel or stores, remain in port, sail or dock, with or
without pilot or tug, tow and / or be towed, take on or discharge
passengers or cargo, lie on bottom in berth, save or attempt to save
life or property, whether the property be that of the Carrier or
others : and any and all of such things whether done once or more
times, are included in the scope of the contract voyage, and shall
not constitute deviation or departing therefrom, even though such
acts or omissions, in the absence of the provisions of this Bill of
Lading, might be deemed to constitute deviation or departure.
In any situation whatsoever and
wheresoever occurring and whether existing or anticipated before
commencement of or during the voyage, which in the judgment of the
Carrier is likely to give rise, to risk of caputure, seizure,
detention, damage, delay or disadvantage to or loss of the ship or any part of her cargo, to make it unsafe imprudent, or unlawful for
any reason to commence or proceed on or continue the voyage or to
enter or discharge the goods at the port of discharge, or to give
rise to delay or difficulty in arriving, discharging at or leaving
the port of discharge or the usual or agreed place of discharge in
such port, the Carrier may before loading or before the commencement
of the voyage, require the shipper or other person entitled thereto
to take delivery of the goods at port of shipment and upon failure
to do so, may warehouse the goods at the risk and expense of the
goods: or the Carrier, whether or not proceeding toward or entering
or attempting to enter the port of discharge or reaching or
attempting to reach the usual place of discharge therein or
attempting to discharge the goods there, may discharge the goods
into depot, lazaretto, craft, or other place: or the ship may
proceed or return, directly or indirectly, to or stop at any port or
place whatsoever as the Carrier may consider safe or advisable under
the circumstances, and discharge the goods, or any part thereof at
any such port or place : or the Carrier may retain the cargo on
board until the return trip or until such time as the Carrier thinks
advisable and discharge the goods at any place whatsoever as herein
provided : or the Carrier may discharge and forward the goods by any
means, rail, water, land or air at the risk and expense of the
goods. When the goods are discharged from the ship, as herein
provided, they shall be at their own risk and expense: such
discharge shall constitute complete delivery and performance under
this contract and the Carrier shall be freed from any further
responsibility in respect of the goods so discharged, except to mail
notice of the disposition of the goods directed to the shipper or
consignee named on this Bill of Lading at such address as may be
stated herein. For any service rendered to the goods as hereinabove
provided, the Carrier shall be entitled to a reasonable extra
compensation.
The Carrier shall have liberty to comply
with any orders or directions as to loading, departure, arrival,
routes, ports of call, stoppages, quarantine, discharge,
destination, delivery or otherwise howsoever given by the government
of any nation or any department thereof or any person acting or
purporting to act with the authority of such government or of any
department thereof, or by any committee or person having, under the
terms of the war risk insurance on the ship, the right to give such
orders or directions. Delivery or other disposition of the goods in
accordance with such orders or directions shall be a fulfillment of
the contract voyage. Anything done, or not, done, in compliance with
such orders or directions shall not be deemed a deviation. If by
reason of, or in compliance with, any such orders or directions the
ship does not proceed to the port or ports originally designated, or
to which it may have been ordered pursuant to the terms of this Bill
of Lading, the ship may proceed to any safe port which the Carrier
in its discretion may select and there discharge the cargo. Such
discharge shall constitute complete delivery and performance under
this contract and the Carrier shall be freed from any further
responsibility in respect of the goods so discharged, except to mail
notice of the disposition of the goods directed to the shipper or
consignee named in this Bill of Lading at such address as may be
stated herein. The ship may carry contraband, explosives, munitions
warlike stores, hazardous cargo, and may sail armed or unarmed and
with or without convoy.
In addition to all other
liberties herein the Carrier shall have the right to withhold
delivery of, reship to, deposit or discharge the goods at any place
whatsoever, fumigate, surrender or dispose of the goods in
accordance with any direction, condition or agreement imposed upon
or exacted from the Carrier by any government or department thereof
or any person purporting to act with the authority of either of
them. In any of the above circumstances the goods shall be solely at
their own risk and expense and all expenses and charges so incurred
shall be payable by the owner or consignee thereof and shall be a
lien on the goods.
The Carrier shall not be liable for loss
or damage, occurring at any time when the goods are in the actual
custody of the Carrier, whether or not such goods are being carried
under a through Bill of Lading, occasioned by faults, errors, act,
neglect or default of the master, mariner, pilot, servants of the
Carrier, or of any person whomsoever whether in the navigation or in
the management of the ship or otherwise, peril of the sea or other
waters or dangers of navigation of whatsoever kind, by collision,
stranding, sinking, heeling or overturning of the ship, jettison or
wreck; by fire or explosion from any cause on board or on craft or
on wharf or on shore or wheresoever occurring; by barratry of the
master or crew; by enemies, pirates, robbers or thieves, by land or
sea ; by theft by any person on board, on craft or on wharf or on
shore, whether in the employ of the Carrier or not ; by arrest or
restraint by princes, rules or people ; by capture, seizure.
detention or embargo; by hostilities ; by civil commotion, riot,
strike or stoppage of labour or labour disturbance, whether the
Carrier be a party thereto or not ; by fumigation, quarantine or
epidemies; by bursting of boilers or by steam, howsoever arising ;
by breakage of shafting or machinery ; by defect, latent or
otherwise, in any appliance whether owned by the Carrier or not in
any part of the hull, boilers, engines, machinery, equipment or
appurtenances of the ship, or by unseaworthiness of the ship,
whether existing at time of shipment or at the beginning of the
voyage, or otherwise, provided the Carrier has exercised due
diligence to make the ship seaworthy at the commencement of the
voyage; by heat, heating, cold, frost, ice, decay, mildew, mould,
dampness, fermentation, smoke, dust, coal dust, oil, discoloration,
evaporation, smell or taint from or contact with other goods or
fuel, putrefaction, rust, water of any kind, sweat, rain or spray,
change of character, effects of climate, drainage, leakage, wastage,
loss of weight, breakage, checking, splitting, bending, chafing,
shrinkage, hook holes, rats, vermin or by explosion of any of the
cargo, whether shipped with or without disclosure of its nature; or
for any loss or damage arising from the nature of the goods or the
insufficiency, soiling, injury to, distortion, pressing or bursting
of packages, adherence of coverings, or failure to properly protect
the goods, or inaccuracy or obliteration or errors in or
insufficiency or absence of marks, numbers, address or description
of cargo; or for land damage, including any damage occurring before
loading; or for risk of craft, hulk or transhipment; or for any loss
or damage caused by the prolongation of the voyage; or for any
delay, loss or damage due to any act, default or omission of the
administration, either of the Suez Canal or of the Panama Canal or
from an interruption or delay of traffic through the Suez Canal or
the Panama Canal.
This clause shall be construed as in
addition to and not in derogation of or in substitution for any
statutory exception or provision in favour of the Carrier.
Any and all warranty of
seaworthiness, whether express or implied, whether before or after
loading, sailing and / or at any stage of the voyage is hereby
waived.
Goods may be stowed in poop, forecastle,
deck house, shelter deck, passenger space or any other covered-in
space commonly used in the trade and suitable for the carriage of
goods, and when so stowed shall be deemed for all purposes,
including general average, to be stowed under deck. In respect of
goods carried on deck all risks of loss or damage by perils inherent
in such carriage shall be borne by the shipper or the consignee but
in all other respects the custody and carriage of such goods shall
be governed by the terms of this Bill of Lading and the provisions
stated in the pertinent Hague Rules Legislation, notwithstanding any
provision of such Hague Rules Legislation corresponding to section 1
(c) of the United States Carriage of Goods by Sea Act.1936. The
Carrier shall at all times be at liberty to jettison any portion of
all such cargo at its discretion. The vessel may at the sole option
of the Carrier or the Master carry live animals and every
description of cargo on deck subject to the provisions of Clause 2
hereof but without prejudice to the beforementioned provisions of
this Clause in respect of cargo which is stated as being carried on
deck.
Cargo liable to be affected by frost, cold, heat or weather conditions, and
all perishable cargo is received and carried at the risk of the owner thereof, but all
freight is payable on goods whether sound or unsound, and any such
cargo becoming decayed or liable to injure other cargo or the ship
or the destruction of which is ordered by any health or other
authority may be destroyed, or disposed of, without notice either
before or after arrival and the Carrier shall not be liable
therefor.
The description of the goods and the
particulars concerning the packages as stated on the face hereof are
those of the shipper, and the Carrier does not, by the issuance
hereof, agree that such description is correct, or admit the
existence, good order and condition of the goods, or of the contents
of any package or other shipping unit, except as may be otherwise
provided by applicable statute.
The shipper and the goods
shall be liable for, and indemnify the Carrier in respect of any
injury, loss or damage arising from inaccuracies or omissions in the
leading marks, number, quantity, weight, gauge, measurement,
contents, nature, quality or value, as declared by the shipper,
including, in the case of partial loss of any goods as to which the
shipper has failed to state the value, any amount in excess of the
pro rata portion of the agreed value ( see Clause 16 ) per package,
or per customary freight unit, which the Carrier may be required to
pay to the shipper or consignee or to any third person.
The shipper warrants that all
packages and pieces shall be clearly and durably stamped or marked
in letters and numbers not less than two inches high, together with
the name of the port of discharge: and that such markings shall
correspond to the marking and numbers inserted in this Bill of
Lading; and, further, that the marking and numbering of the packages
and pieces and the description of the contents shall in all respects
comply with all laws and regulations in force at the intended port
of discharge or destination. The goods shall be liable for all
expense of mending, cooperage, bailing or reconditioning of the
goods or packages, and gathering of loose contents of packages: also
for any payment, expense, fine, dues, duty, tax, impost, loss,
damage or detention sustained or incurred by or levied upon the
Carrier or the ship 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
packages or description of the contents, failure of the shipper to
procure consular, Board of Health or other certificates to accompany
the goods or to comply with laws or regulations of any kind imposed
with respect to the goods by the authorities at any port or place,
or any act or omission of the shipper or consignee.
Single pieces or packages exceeding 4,000
lbs. in weight shall be declared in writing by the shipper on
shipment and the weight clearly and durably marked on the outside of
the piece or package. The shipper, consignee and the goods shall be
liable for and shall indemnify the Carrier in respect of any injury,
loss or damage arising from shipper’s failure to declare and mark
the weight of any such piece or package or from the incorrect weight
of any such piece or package having been declared or marked
thereon.
The shipper shall notify the
Carrier in writing before delivery to the Carrier of any goods of an
explosive, inflammable, corrosive, noxious or dangerous nature which
may cause damage or detriment to the ship or to the cargo or which
are classified as dangerous or hazardous goods by the laws or
regulations of the port of shipment, the port of destination, or any
intermediate port of call. The packages containing such goods shall
be clearly and indelibly marked to show the hazardous nature of
their contents and the shipper, consignee and the goods shall be
jointly and severally liable to indemnify the Carrier with respect
to any and all fines, penalties, or damages suffered or incurred by
the Carrier by reason of the shipper’s failure to so declare and
mark the nature of such goods. The attention of shippers and
consignees is directed to the laws and regulations of the countries
of shipment, destination, and call imposing criminal or civil
penalties for failure properly to declare, mark, and package such
goods.
Specially heated or specially cooled
stowage is not to be furnished unless contracted for at an increased
freight rate. Goods or articles carried in any such compartment are
at the sole risk of the owner thereof and subject to all conditions,
exceptions, and limitations as to the Carrier’s liability and other
provisions of this Bill of Lading: and further, the Carrier shall
not be liable for any loss or damage occasioned by the temperature,
risks of refrigeration, defects or insufficiency in or accidents to
or explosion, breakage, derangement or failure of any refrigerator
plant or part thereof, or by or in any material or the supply or use
thereof used in the process of refrigeration unless shown to have
been caused by negligence of the Carrier from liability for which
the Carrier is not by law entitled to exemption.
The Carrier shall not be
accountable to any extent for any loss of or damage to or in
connection with platina, gold, silver, bullion, currency, specie,
jewellery, precious stones, precious metals, securities, documents,
pictures, embroideries, works of art, or any other valuable goods,
whatsoever, unless the nature and the value of the goods shall have
been declared in writing by the shipper before shipment and inserted
in this Bill of Lading and freight prepaid as per tariff. Upon
application, the Carrier shall quote rates based on a higher
valuation than that provided for in Clause 16.
The Carrier may commence
discharge immediately on arrival of the ship and discharge
continuously, irrespective of weather, by day and night , Sundays
and holidays included, all extra expense occasioned by discharging
after hours and on Sundays and holidays to be for account of
consignee, any custom of the port to the contrary notwithstanding.
The goods shall be received by the consignee from ship’s tackle as
soon as the ship is ready for discharge and as fast as the ship can
deliver them. In the default thereof, the goods shall be at their
own risk and expense; delivery shall be considered complete and the
Carrier will have the option, subject to Carrier’s liens, of sending
the goods to store, warehouse, putting them on lighters or other
craft, putting them in possession of authorities, dumping,
permitting to lie where landed or otherwise disposing of them,
always at the risk and expense of the goods, or of ordering the ship
to proceed and of discharging the goods in any near, safe and
accessible port at the Carrier’s option, the contract of carriage
thereupon to be considered completed and the Carrier to have
complied with all of its obligations, full freight being earned and
payable, all charges arisen from the moment of departure from the
original port of destination of the goods being for account of the
cargo, and the goods from the moment they leave the ship’s tackle to
remain entirely at their own risk and expense. The shipper and
consignee shall pay and indemnify the Carrier for any loss, damage,
fine, charge or expense whatsoever suffered in so dealing with or
disposing of the goods or by reason of the consignee’s failure or
delay in taking possession and delivery as provided herein.
The Carrier’s responsibility shall cease
as soon as the goods have left the ship’s deck or tackle, or, in the
case of bulk liquids, the ship’s pipe line connections, the Carrier
not undertaking any obligation beyond these points.
With respect to any transportation or
carriage of the goods beyond the tackles of the ship, where it is
customary or where it is necessary for the ship to discharge into
local or branch ship, river ship, launch, lighter , surf boat or
canoe, the Carrier acts solely as a forwarding agent of the shipper
and consignee ( even though such further carriage should be at the
Carrier’s expense) and dose not undertake any responsibility or
obligation as to the character, condition or seaworthiness of any
vessel or craft into which the goods may be discharged from the ship
nor as to the custody, care or delivery of the goods after discharge
from the ship. The responsibility of the Carrier in any capacity
shall altogether cease and the goods shall be considered to be
delivered and at their own risk and expense in every respect when
taken into the custody of customs or other authorities.
Except as provided in Clauses
5 and 6 hereof, the Carrier shall not be required to give any
notification whatsoever of arrival, discharge or any disposition of
or action taken with respect to the goods, any custom or practice of
the port, the Carrier, or others to the contrary notwithstanding and
even though the goods are consigned to order with provision for
notice to a named person.
The ship’s tally shall be
accepted as conclusive unless the consignee’s tally clerks check the
goods in cooperation with the ship’s checkers.
If the Carrier makes a special agreement,
whether by stamp hereon or otherwise, to deliver the goods hereby
receipted for at a specified dock or wharf at the port of discharge,
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 ship can safely under her own power
proceed to, lie at, and return from said dock or wharf, always
afloat at any time of tide, and only if such dock or wharf is
available to the ship immediately the ship is ready to discharge the
goods and that otherwise the ship shall discharge the goods in
accordance with Clause 14 of this Bill of Lading, whereupon
Carrier’s responsibility shall cease.
In case of any loss or damage to or in
connection with goods exceeding in actual value the minimum agreed
value permitted by the pertinent Hague Rules Legislation ( see
Clause 2 ) per package, or , in case of goods not shipped in
packages, per customary freight unit, the value of the goods shall
be deemed to be that minimum agreed value per package or per unit,
on which basis the freight is adjusted, and the Carrier’s liability,
if any, shall be determined on the basis of that minimum agreed
value per package or per customary freight unit, or pro rata in case
of partial loss or damage, unless the nature of the goods and a
valuation higher than that minimum agreed value shall have been
declared in writing by the shipper upon delivery to the Carrier and
inserted in this Bill of Lading and extra freight paid, if required,
and in such case if the actual value of the goods per package or per
customary freight unit shall exceed such declared value, the value
shall nevertheless be deemed to be the declared value and the
Carrier’s liability, if any , shall not exceed the declared value
and any partial loss of damage shall be adjusted pro rata on the
basis of such declared value. If the circumstances of the loss or
damage are such that no Hague Rules Legislation is pertinent, then
the value of the goods shall be deemed to be £100 sterling per
package or per customary freight unit. It is understood that the
meaning of the word "package" includes pieces. articles. and
shipping units of any description except goods shipped in
bulk.
Whenever the value of the goods is less
than the agreed value per package or other freight unit, their value
in the calculation and adjustment of claims for which the Carrier
may be liable shall for the purpose of avoiding uncertainties and
difficulties in fixing value be deemed to be the invoice value, plus
freight and insurance if paid, irrespective of whether any other
value is greater or less.
It is hereby expressly agreed
that the immunities from, and limitation of , liability that the
Carrier has under this Clause shall apply also for the benefit of
contract stevedores.
Unless notice of loss or damage and
general nature of such loss or damage begiven in writing to the
Carrier or his agent at the port of discharge before or at the time
of removal of the goods into the custody of the person entitled to
delivery thereof under the contract of carriage, such removal shall
be prima facie evidence of delivery by the Carrier of the goods as
described in the Bill of Lading. If the loss or damage is not
apparent the notice must be given within three days of the delivery.
In any event the Carrier and the ship shall be discharged from all
liability in respect of loss or damage unless suit is brought within
one year after the delivery of the goods or the date when the goods
should have been delivered.
Freight shall be payable on actual gross
intake weight or measurement or, at Carrier’s opinion, on actual
gross discharged weight or measurement. Freight may be calculated on
the basis of the particulars of the goods furnished by the shipper
herein but the Carrier may at any time open the packages and
examine, weigh, measure and value goods. In case shipper’s
particulars are found to be erroneous and to have resulted in
payment or calculation of freight at less than the rates prescribed
by Carrier’s tariff, the shipper, consignee and goods shall be
jointly and severally liable and responsible for the payment to the
Carrier of twice the deficiency in such freight, as well as for the
expense incurred in examining weighing measuring and valuing such
goods, and attorney’s fees, if any, reasonably incurred by Carrier
in collecting. Full freight shall be paid on damaged or unsound
goods. Full freight hereunder to port of discharged and/or
destination named herein shall be considered completely earned on
shipment whether the freight be stated or intended to be prepaid or
to be collected at the destination; and the Carrier shall be
entitled to all freight and charges due hereunder, whether actually
paid or not, and to receive and retain them irrevocably under all
circumstances whatsoever ship and / or cargo lost or not lost or the
voyage broken up or abandoned. If there shall be forced interruption
or abandonment of the voyage at the port of shipment of elsewhere
any forwarding of the goods or any part thereof shall be at the risk
and expense of the goods. All unpaid freight and charges shall be
paid in full, and without any off-set, counter-claim or deduction,
in United States currency or, at Carrier’s opinion in the currency
of the port of loading or of the port of discharge in an amount
which shall be equivalent to said United States currency at the
sight rate of exchange on New York current on the date when the ship
enters Customs at the port of discharge or, in case of non-arrival,
on the date when she should have arrived. The Carrier shall have a
lien on the goods, which shall survive delivery, for all freight and
charges due hereunder and may enforce this lien by public or private
sale and without notice. The shipper and the consignee shall be
jointly and severally liable to the Carrier for the payment of all
freight and charges and for the performance of the obligation of
each of them hereunder.
Notwithstanding the foregoing provisions,
in case this Bill of Loading covers the goods moving between the
ports in Europe and Far East on the liner basis, it is agreed that
if the particulars furnished by or on behalf of the shipper are
incorrect, a sum equal to five times the difference between the
correct freight and freight charged with maximum double the correct
freight less the freight originally charged shall be payable as
liquidated damages to the Carrier.
Whenever the Carrier may deem it advisable
or in any case where the goods are consigned to a point where the
ship does not expect to discharge, the Carrier may, without notice,
forward the whole or any part of the goods before or after loading
at the original port of shipment, or any other ports 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 any vessel,
vessels or other means of transportation by water or by land or by
air or by any such means, whether operated by the Carrier or by
other and whether departing or arriving or scheduled to depart or
arrive before or after the ship expected to be used for the
transportation of the goods. This Carrier, in making arrangements
for any transshipping or forwarding vessel or means of
transportation not operated by this Carrier shall be considered
solely the forwarding agent of the shipper and without any other
responsibility whatsoever.
The carriage by any
transshipping or forwarding carrier and all transshipment or
forwarding shall be subject to all the terms whatsoever in the
regular form of Bill of Lading, freight note, contract or other
shipping document used at the time by such Carrier, whether issued
for the goods or not, and even though such terms may be less
favourable to the shipper or consignee than the terms of this Bill
of Lading and may contain more stringent requirements as to notice
of claim or commencement of suit and may exempt the on-carrier from
liability for negligence. The shipper expressly authorizes the
Carrier to arrange with any such transshipping or forwarding carrier
that the lowest valuation of the goods or limitation of liability
contained in the Bill of Lading or shipping document of such carrier
shall apply even though lower than the valuation or limitation
herein, provided that the shipper shall not be compelled to pay a
rate higher than that applicable to the valuation contained in such
Bill of Lading. Pending or during transshipment the goods may be
stored ashore or afloat at their risk and expense and the Carrier
shall not be liable for detention. Lighterage after discharge from
the ship payable by the consignees or in default of that by the
shippers.
General Average shall be payable according
to the York-Antwerp Rules, 1974. Such deposit as the Carrier or his
agent may deem sufficient to cover the estimated contribution of the
goods and any special charges thereon shall, if required, be paid to
the Carrier or his agent prior to delivery. The Carrier shall have a
lien on the goods for General Average contributions and, also, for
all salvage and special charges incurred in respect of the goods. 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 consequences
of which, the Carrier is not responsible, by statute or contact or
otherwise, the goods, the shipper, consignee, or owner of the cargo,
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 cargo.
Salvage services rendered by another ship owned by or in the service
of the Carrier, shall be paid for as fully as if such ship were
owned by strangers.
If the ship comes into collision with
another ship as a result of the negligence of the other ship and any
act, neglect or default of the master, mariner, pilot or the
servants of the Carrier in the navigation or in the management of
the ship, the owners of the goods carried hereunder will indemnify
the Carrier against all loss or liability to the other or
non-carrying ship or her owners in so far as such loss or liability
represents loss of, or damage to, or any claim whatsoever of the
owners of said goods, paid or payable by the other or non-carrying
ship or her owners to the owners of said goods and set-off, recouped
or recovered by the other or non-carrying ship or her owners as part
of their claim against the carrying ship or 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 of a
collision or contact.
The Carrier shall have a lien on the goods
and be paid by the shipper and/or consignee for all freights, dead
freight, primages, charges, detention and expenses in connection
with the goods; and also for all fines or damages which the ship,
lighter or cargo may incur or suffer by reason of the incorrect or
insufficient marking, numbering or addressing of packages, or
description of their contents or in any manner on account of the
goods. Bills of lading shall be made out in accordance with the
prescriptions and regulations of port, customs or consular
authorities; Consular, Board of Health or other certificates, or any
documents required to accompany the goods are to be procured by
shipper, and any detention, charges, or penalties incurred by
Carrier and/or cargo, owing to the want or insufficiency of same,
are to be borne by the shipper and/or consignee, and the Carrier
shall have a lien therefor on the goods. The Carrier shall also have
a lien for any amounts whatsoever becoming payable to the Carrier
under the provisions of this Bill of Lading or otherwise in
connection with the custody and/or transportation of the goods,
although not then ascertained or payable, also for any other
freights, charges or amounts owing by the shipper or consignee, and
for the expense of exercising any liens under this Bill of Lading.
All items mentioned in this clause shall be construed to be included
in the words "freights and charges" wherever used in this Bill of
Lading. The Carrier may exercise any of its liens arising under this
Bill of Lading by selling the goods subject thereto at public
auction or private sale, at any port or place and at any time
determined upon by the Carrier, in its uncontrolled discretion,
without giving notice thereof (such notice being waived), and the
Carrier shall apply the proceeds of the sale first to the costs and
expenses of the sale and of the exercise of the lien, and secondly,
to the payment of all amounts secured by the lien, and the balance,
if any, shall be paid over to the party who would, but for the
exercise of such lien, have been entitled to the delivery of the
goods against the surrender and delivery of such documents as the
Carrier may require; and the shipper and the consignee shall pay any
deficiency.
Without, in any manner or to any extent,
limiting the meaning of the conditions contained in this Bill of
Lading, it is expressly agreed that it is issued subject to
conditions
(a) and (b) in this clause:
(a)
Carrier shall not be responsible for any
acts, consequences, damages or losses caused directly or indirectly
by existing or threatened war, declared or undeclared, hostilities,
warlike operations, civil war and civil commotions, revolutions or
the operations of international law, whether such acts,
consequences, damages or losses are caused by neutrals or
belligerents. Any storage or other charges resulting from detention
or interruption in service shall be collected from shippers or
consignees, in addition to the charges provided for herein.
(b)
If any port of discharge named in this
Bill of Lading, or to which the ship may properly be ordered, be
blockaded or if, owing to any existing or threatened war,
hostilities, warlike operations civil war, civil commotions,
revolutions or the operation of international law; (1) entry into
any such port of discharge of cargo intended for any such port
should be considered by the Carrier in its discretion dangerous or
impossible or (2) if it should be considered by the Carrier in its
discretion dangerous or impossible for the ship to reach such
discharging port, the cargo or such port of it as may be affected,
shall be discharged at any safe port which the Carrier may in its
discretion decide on; and such discharge shall be deemed to be the
fulfillment of the contract or contracts of affreightment, so far as
cargo so discharged is concerned. In the even of cargo being
discharged at any such other port, the Carrier shall be entitled to
freight as if the discharge had been effected at the port or ports
originally designated or to which the ship may have been ordered
pursuant to the terms of this Bill of Lading. All extra expenses
involved in reaching and discharging the cargo at any such other
port shall be paid by the owner, shipper or consignee of the cargo,
and the Carrier shall have a lien on the cargo for freight and all
such expenses.
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 the design, neglect,
fault or privity of its directors or managers.
The owners and /or agents and /or master,
in the event of existing, threatening or impending adverse port
congestion, weather or ice conditions, and possible earlier closing,
than announced, of the St. Lawrence Seaway, have sole discretion to
decide whether the vessel shall or shall not proceed to or enter the
port of discharge, or, if the vessel shall have entered the port of
discharge whether, if discharging has commenced, the vessel shall or
shall not continue discharging, or, if discharge has not begun,
whether the vessel shall or shall not commence to discharge , and
whether the vessel shall or shall not in any of these events proceed
to the nearest convenient liner port and there discharge or complete
discharging. Any and all extra expenses and/or risk of forwarding or
otherwise in consequence thereof shall be borne entirely by the
shipper and/or consignee of the goods.
Whenever goods of a dangerous or damaging
nature are likely to become a danger or cause damage to the ship,
other cargo, persons and/or property, in the sole judgement of the
Carrier or the Master, such goods, if shipped with knowledge of
their nature and character upon prior notification in accordance
with Clause 11 hereof, may be landed at any port or place or
destroyed or rendered innocuous or be otherwise disposed of at the
Carrier’s or Master’s discretion without compensation and without
prejudice to the Carrier’s right to freight or other charges payable
hereunder. The shipper, consignee and goods shall separately
indemnify the Carrier against any kind of loss, damage, detention,
expenses, fines or liability directly or indirectly caused to or
incurred by the Carrier as a result of the carriage of such
goods. 27. The contract evidenced by or contained in
this Bill of Lading shall be governed by Japanese law as may be
otherwise provided for herein and any action against the Carrier
hereunder shall be brought before the Tokyo District Court in
Japan.
