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KAWASAKI KISEN KAISHA, LTD. COMBINED TRANSPORT
NON-NEGOTIABLE WAYBILL TERMS
IMPORT - BACK CLAUSES
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1 |
All words or terms contained in this Waybill that begin with an upper case (capital) letter are terms defined
in Carrier's B/L and/or Tariff(s), and have the same meaning herein (as applicable or with logical amendments) -
see clause 3.1 below. |
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2.1 |
Unless otherwise set out on the face or back hereof; Containers or packages said to contain Goods and/or Goods are
accepted by Carrier for Carriage on the terms hereof (whether expressly set out or incorporated by reference).
These terms shall determine all rights, obligations and defences applicable or available to Carrier, the master and
Vessel (including her owners) in connection with or arising out of Carriage, including without limitation the
acceptance, possession, handling, transportation and delivery of Containers and/or packages and/or Goods in every
contingency, wheresoever and whensoever occurring, including (without limitation) in the event of deviation or of
unseaworthiness of Vessel. |
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2.2 |
IT IS EXPRESSLY AGREED THAT NO SUB-CONTRACTOR (as defined in Carrier's B/L) SHALL HAVE ANY LIABILITY OR
REPSONSIBILITY WHATSOEVER IN RESPECT OF OR IN CONNECTION WITH GOODS, AND THAT THE TERMS OF CLAUSE 5 OF CARRIER'S
B/L (AS INCORPORATED HEREIN) APPLY TO ANY SUCH SUB-CONTRACTOR. |
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2.3 |
None of the terms of this Waybill may be, or may be deemed to have been waived or amended, otherwise than expressly
in writing signed by Carrier. |
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3.1 |
Incorporation by reference. Save to the extent they are inconsistent with the terms expressly set out herein,
the provisions of the following documents are hereby incorporated into and form part of the contract of carriage
evidenced by this Waybill:(1) All the terms, conditions, exceptions and stipulations on the back of the K Line standard
form bill of lading ("Carrier's B/L"). Every reference therein to the words "Bill(s) of Lading" shall be read and
construed to mean the words "Non Negotiable Waybill(s)", and the terms and conditions thereof shall be read and
construed in the context of this Waybill accordingly.(2) All the terms of Carrier's applicable Tariff(s) in effect the
date the contract evidenced by this Waybill is entered into, and published in accordance with all applicable national
laws(3) The CMI Uniform Rules for Sea Waybills, excluding rule 4(iii)In the event of inconsistency between the documents
themselves, they shall have priority in the order in which they appear. |
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3.2 |
The contract evidenced by this Waybill is deemed to be a contract of carriage as defined in article 1(b) of the
Hague Rules, the Hague Visby Rules and the United States Carriage of Goods by Sea Act. HOWEVER, THIS WAYBILL IS NOT A
DOCUMENT OF TITLE TO GOODS. |
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3.3.1 |
Carrier's B/L may be inspected at or a copy obtained from Carrier's offices or those of its authorised agents. The
text may also be found at Carrier's websites: www.kline.com or www.klineurope.com. |
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3.3.2 |
The text of the CMI Uniform Rules for Sea Waybills may be found at www.comitemaritime.org/rules/rulessaway.html. |
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4.1 |
Unless otherwise specified in this Waybill (in particular, but without limitation, in clause below in respect of
Goods for Carriage to Port(s) of Discharge or Place(s) of Delivery or other ports or places in the United States of
America), delivery of Goods will be made only to the Consignee named on the face hereof, or its authorised agents,
on production of proof of identity. |
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4.2 |
In respect of Goods for Carriage to Port(s) of Discharge or Place(s) of Delivery or other ports or places in the United
States of America, clause 4.1 shall not apply. The procedure relating to the release of Goods applicable to any
particular port or place in the United States of America is set out in Carrier's published tariff. Provided the said
procedure(s) is/are followed, Carrier shall be deemed to have exercised reasonable care in relation to the release and
delivery of Goods, and shall not be liable to Merchant in respect of any claim for misdelivery or wrongful release
and/or delivery of the Goods. Merchant expressly acknowledges and agrees that such procedures will or may provide for
the delivery of Goods to any person who presents shipment particulars to the terminal. If this sub-clause 4.2 is held
invalid or inapplicable in any court of competent jurisdiction, the terms of clause 4.1 shall apply, read with the
deletion of the words in parentheses. |
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5.1 |
Should the Shipper require delivery at a place elsewhere than at the Place of Delivery or the Port of Discharge as
shown on the face hereof and should written instruction accordingly be given by the Shipper to Carrier or its agents,
Carrier may, at its discretion, deliver Goods at such other place. |
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5.2 |
Should the Consignee require delivery elsewhere than at the Place of Delivery or the Port of Discharge shown on the
face hereof and should written instruction be given reasonably in advance by the Consignee to Carrier or its agent,
Carrier may, at its discretion, without any notice to the Shipper deliver Goods at such other place, PROVIDED ALWAYS
that the right of control has been transferred to the Consignee in accordance with CMI Uniform Rule 6(ii). |
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Copyright © 2005, 2006, 2007, 2008 by
"K" Line America, Inc.
8730 Stony Point Parkway, Richmond, VA 23235
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