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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
