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Terms & Conditions

Terms Conditions: 

Important Notice:

 

We have listed terms andconditions ofdoing business with SeabayInternational Freight Forwarding Co Ltd. (‘Seabay’ hereafter). You arerecommended to read them carefully. If necessary, please seek independent legaladvice. We have to stress that by accepting terms and conditions of any mode weassume that you are accepting terms and conditions of all modes.

 

·        Customs Brokerage andGeneral Terms & Conditions

·        European Trucking Terms& Conditions

·        International Air WaybillTerms & Conditions

·        International Ocean Billof Lading Terms & Conditions

·        InternationalOcean Tariff

·        International Payment Terms &Conditions

·        Software Terms &Conditions

·        U.S. Domestic TruckBroker Terms and Conditions

·        Warehouse Receipt Termsand Conditions

 

Please find in the following terms andconditions for doing business with Seabay. Terms and conditions are the same asare currently printed on the Bills of Lading.

1.    Definitions. The following terminologies are used in the Bill of Lading (A)"Carrier" means Seabay International Freight Forwarding Co Ltd (B)"Inland Carrier" means carriers (other than the Carrier) by land,water or air, participating in combined transport of the Goods, whether actingas carrier or bailee. (C) "Combined Transport" means carriage of theGoods under the Bill of Lading from the designated address of receipt fromMerchant to the designated of delivery to Merchant by the Carrier plus one ormore Inland Carriers. (D) "Port-to-Port Transportation" meanscarriage of the Goods under this Bill of Lading other than combined transport.(E) "Merchant" includes the shipper, consignor, consignee, owner, andreceiver of the Goods and the holder of this Bill of Lading. (F)"Goods" means the cargo described on the face of this Bill of Ladingand, if the cargo is packed into container(s) supplied or furnished by or onbehalf of the Merchant, include the container(s) as well. (G)"Vessel" includes the vessel named on the face of this Bill of Ladingand any ship, craft, lighter, barge or other means of transport that issubstituted in whole or in part for that vessel. (H) "Container"includes any containers (including an open top container) flat rack, platform,trailer, transportable tank, pallet or any other device used for transportationof goods. (I) "Laden on Board" or similar words endorsed on this Billof Lading means that the Goods have been loaded on board the Vessel or are inthe custody of the Carrier, and in the event of Combined Transport if theoriginating carrier is an Inland Carrier. "On Board" means that theGoods have been loaded on board rail cars or other means of Inland carriage orare in the custody of a participating railroad or other Inland Carrier. (J)"Subcontractor" includes stevedores, longshoremen, lighterers, terminaloperators, warehousemen, truckers, agents, servants, and any person, firm,corporation or other legal entity which performs services incidental to thecarriage of the Goods. (K) "United States" or "U.S." meansthe United States of America.

2.    Clause Paramount. (A) the Bill of Lading covers Carriage of Goodsby water, thus it shall have effect subject to the provisions as indicated inthe "Hague Rules", namely the International Conventions for theUnification of Certain Rules Relating to Bills of Lading, dated on August 25,1924, as amended (including, where enacted, the Protocol dated on February 23,1968, known as the Visby Rules), as enacted in the country of shipment. When nosuch enactment is in force in the country of shipment or is otherwise compulsorilyapplicable, the Hague Rules as enacted in the country of destination shallapply. When no such enactment is in force in the country of shipment or in thecountry of destination, or is otherwise compulsorily applicable, the terms ofthe Hague Rules as enacted by the Convention shall apply. (B) If the Bill ofLading covers Goods moving to or from ports of the United States in foreigntrade, then carriage of such goods shall be subject to the provisions of theUnited States Carriage of Goods by Sea Act, 1936, 46 U.S.C. P1300-1315 asamended (hereinafter "U.S. COGSA"), the terms of which shall beincorporated herein. The provisions of U.S. COGSA shall (except as otherwisespecifically provided in this Bill of Lading) apply when the Goods are in thecustody of the Carrier, or any other water carrier, or otherwise designated inthe Bill of Lading.

3.    Jurisdiction. Whenever the Carriage of Goods by Sea Act 1936(COGSA) of the United States of America applies, this contract will be governedby the US Law. Other legal actions against the Carrier may only be institutedin the country where the Carrier has its principal residence of business andshall be decided according to the law of the country.

4.    Limitation of Liability Statutes. The Bill of Lading shall NOToperate to limit or deprive the Carrier of any statutory protection of, exemption from, or limitation of liability authorized bythe applicable laws, statutes, or regulations.

5.    Sub-Contracting: Exemptions and Immunities of Subcontractors. (A) The Carrier shall be entitled tosubcontract on any terms the whole or part of the handling, storage, or carrierof the Goods and any and all duties whatsoever undertaken by the Carrier inrelation to the Goods. (B) Merchant warrants that no claim shall be madeagainst any Subcontractor (as defined in Article 1 (J), or Subcontractor, ofCarrier, except Inland Carriers where otherwise appropriate, that imposes orattempts to impose upon any of them or any vessel owned or operated by any ofthem any liability in connection with the Goods, and, if any such claims shouldnevertheless be made, to indemnify the Carrier against all consequences of suchclaims. (C) Without prejudice to the foregoing, every Subcontractor (andSubcontractor's Subcontractor) shall have the benefit of all provisions in thisBill of Lading for the benefit of the Carrier as if such provisions wereexpressly for the Subcontractor's benefit. In entering into this contract theCarrier, to the extent of those provisions, does so not only on its own behalfof such Subcontractors.

6.    Route to Transport. (A) The Goods may, at the Carriers absolute discretion, be carriedas a single shipment or as several shipments by the Vessel and/or any othermeans of transport by land, water, or air and by any route whatsoever, whetheror not such route is the direct, advertised, or customary route. (B) The Vesselshall have liberty to call and/or stay at any port or place in or out of thedirect, advertised, or customary route, once or more often and in any order,and/or to omit calling at any port or place whether scheduled or not. (C) TheVessel shall have liberty , either with or without the Goods on board andeither before or after proceeding toward the port of discharge to adjust tocompasses and other navigational instruments, make trial trips or tests, drydock, go to repair yards, shift berths, take on fuel or stores, embark ordisembark any person, carry contraband, explosives, munitions, war-like storesand hazardous cargo, sail with or without pilots, tow or be towed, and save orattempt to save life or property. (D) If the Goods in whole or in part are forany reason not carried on the Vessel named in this Bill of Lading, or ifloading the Goods is delayed or is likely to detain the Vessel, the Vessel mayproceed without carrying or loading the Goods in whole or in part, and noticeto merchant of such sailing is hereby waived. Carrier may forward the Goodsunder the terms of this Bill of Lading on the next available ship or atCarrier's option by any other means of transportation, whether by land, wateror air. (E) At Carrier's option and without notice to Merchant, another ship orships may be substituted for the Vessel named in this Bill of Lading, whetheror not the substitute ship is owned or operated by Carrier or arrives ordeparts, or is scheduled to arrive or depart, before or after the Vessel namedby this Bill of Lading. (F) Any action taken by the Carrier under this Article6 shall be deemed to be included within the contractual carriage and suchaction, or delay resulting therefrom, shall not be considered a deviation.Should the Carrier be held liable in respect of such action, the Carrier shallbe entitled to the full benefit of all privileges, rights, and immunitiescontained in this Bill of Lading.

7.    Responsibility. (A) Insofar as this Bill of Lading is used for Port-to-PortTransportation of the Goods, the Carrier shall not be responsible for loss ofor damage to the Goods caused before loading or after discharge."Loading" shall be deemed to commence with the hooking on thevessel's tackle, or if not using the vessel's tackle, with the receipt of theGoods on deck or in the hold of (if the Goods are in bulk liquid) in thevessel's permanent pipe connections. "Discharge" shall be deemed tobe completed when the Goods have been unhooked from the vessel's tackle orremoved from the vessel's deck or passed beyond the vessel's permanent pipeconnections. (B) Insofar as this Bill of Lading is used for combined transportof the Goods, the responsibility of the Carrier and each Inland Carrier withrespect to the Goods shall be limited to the period when the carrier hascustody of the Goods, and no carrier, either Ocean or Inland, shall beresponsible for any loss or damage caused while the Goods are not in itscustody. Any claim for loss of or damage to the Goods, including loss ordamages resulting from delay, should be made against the carrier having custodyof the Goods when the loss or damage or delay was caused. (C) If it isestablished by the Merchant that the Carrier is responsible for loss of ordamage to or in connection with the Goods, such responsibility, subject to theprovisions of this Bill of Lading, shall be to the extent following but notfurther: (1) With respect to loss or damage caused during the period from thetime when the Goods arrived at the sea terminal at the port of loading to thetime when they left the sea terminal at the port of discharge, or caused duringany previous or subsequent period of carriage by sea or waterways, to theextent prescribed by the applicable Hague Rules as provided in Article 2. (2)Save as indicated (C) (i) above, with respect to loss or damage caused duringthe handling, storage or carriage of the Goods by Carrier's Subcontractor, tothe extent to which such Subcontractor would have been liable to the Merchantif he had made a direct and separate contract with the Merchant in respect ofsuch handling, storage or carriage, provided, however, that if the Carrier isnot authorized under any applicable laws, rules or regulations to undertakesuch handling, storage, or carriage under its own responsibility, the Carriershall only be liable for procuring such handling, storage or carriage. If suchhandling, storage or carriage occurred in or between points in Europe, or whereotherwise applicable, such responsibility shall be governed (a) if by road bythe Convention on the Contract for the International Carriage of Goods by Road,dated 19 May, 1956 (CMR); (b) if by rail, by the International ConventionConcerning the Carriage of Goods by Rail, dated 25 February, 1961 (CIM); (c) ifby air, by the Convention for the Unification of Certain Rules Relating toInternational Carriage by Air, signed Warsaw 12 October, 1929, as amended bythe Hague Protocol dated 28 September, 1955 (Warsaw Convention); (d) If it isestablished by the Merchant that an Inland Carrier is responsible for loss ofor damage to or in connection with the Goods, such responsibility shall be tothe extent, but not further, than the Inland Carrier would have been liable tothe Merchant if he had made a direct and separate contract with the Merchant inrespect of handling, storage or carriage of the Goods, as applicable. (e)Notwithstanding foregoing Article 7 (A) or 7 (B), the Carrier does notundertake that the Goods shall arrive at the port of discharge or place ofdelivery at any particular time or in time to meet any particular market oruse, and the Carrier shall not be responsible for any direct or indirect lossor damage that is caused through delay. (f) If this Bill of Lading is used forPort-to-Port Transportation, the column indicating final destination on theface of this Bill of Lading is solely for the purpose of the Merchant'sreference, and the Carrier's responsibility for the Goods shall in all casescease at the time of discharge of the Goods at the port of discharge.

8.    Liberties. (A) In any situation whatsoever whether or not existing oranticipated before commencement of or during the transport, which in the judgmentof the Carrier (including for the purpose of this Article the Master and anyperson charged with the transport or safekeeping of the Goods) has given or islikely to give rise to danger, injury, loss, delay, or disadvantage ofwhatsoever nature to the Vessel, the Carrier, a vehicle, any person, the Goodsor any property, or has rendered or is likely to render it in any way unsafe,impracticable, unlawful, or against the interest of the Carrier or the Merchantto commence or continue the transport or to discharge the Goods at the port ofdischarge or to deliver the Goods at the place of delivery by the route and inthe manner originally intended by the Carrier, the Carrier (1) at any timeshall be entitled to unpack the container(s) or otherwise dispose of the Goodsin such way as the Carrier may deem advisable at the risk and expense of theMerchant and/or (2) before the Goods are loaded on the Vessel, a vehicle, orother means of transport at the place of receipt or port of loading, shall beentitled to cancel the contract of carriage without compensation and to requirethe Merchant to take delivery of the Goods and, upon his failure to do so, towarehouse or place them at any place selected by the Carrier at the risk andexpense of the Merchant and/or (3) if the Goods are at a place awaiting transshipment,shall be entitled to terminate the transport there and to store them at anyplace selected by the Carrier at the risk and expense of the Merchant, and/or(4) if the Goods are loaded on the Vessel, a vehicle, or other means oftransport whether or not approaching, entering, or attempting to enter the portof discharge or to reach the place of delivery or attempting or commencing todischarge, shall be entitled to discharge the Goods or any part of them at anyport or place selected by the Carrier or to carry them back to the port ofloading or place of receipt and there discharge them. Any actions under (3) or(4) above shall constitute complete and final delivery and full performance ofthis contract, and the Carrier thereafter shall be free from any responsibilityfor carriage of the Goods. (B) If, after storage, discharge, or any actionsaccording to subpart (A) above the Carrier makes arrangements to store and/orforward the Goods, it is agreed that he shall do so only as agent for and atthe sole risk and expense of the Merchant without any liability whatsoever inrespect of such agency. The Merchant shall reimburse the Carrier forthwith upondemand for all extra freight charges and expenses incurred for any actionstaken according to subpart (A), including delay or expense to the Vessel, andthe Carrier shall have a lien upon the Goods to that extent. (C) The situationsreferred to in subpart (A) above shall include, but shall not be limited to,those caused by the existence or apprehension of war declared or undeclared,hostilities, riots, civil commotions, or other disturbances closure of,obstacle in, or danger to any port or canal, blockade, prohibition, orrestriction on commerce or trading quarantine, sanitary, or other similarregulations or restrictions, strikes, lockouts or other labor troubles whetherpartial or general and whether or not involving employees of the Carrier or itsSubcontractors, congestion of port, wharf, sea terminal, or similar place,shortage, absence or obstacles of labor or facilities for loading, discharge,delivery, or other handling of the Goods, epidemics or diseases, bad weather,shallow water, ice, landslip, or other obstacles in navigation or carriage (D)The Carrier, in addition to all other liberties provided for in this Article,shall have liberty to comply with orders, directions, regulations orsuggestions as to navigation or the carriage or handling of the Goods or theVessel howsoever given, by any actual or purported government or publicauthority, or by any committee or person having under the terms of anyinsurance on the Vessel, the right to give such order, direction, regulation,or suggestion. If by reason of and/or in compliance with any such order,direction, regulation, or suggestions, anything is done or is not done the sameshall be deemed to be included within the contractual carriage and shall not bea deviation.

9.    Description and Particulars of Goods. Any reference on the face of this Billof Lading to marks, numbers, description, quantity, quality, gauge, weight,measure, nature, kind, value, and any other particulars of the Goods, is asfurnished by the Merchant. The Carrier shall not be responsible for theaccuracy of any such reference and is not bound thereby. The Merchant warrantsto the Carrier that the descriptions and particulars furnished by him arecorrect, and the Merchant shall indemnify the Carrier against all loss, damage,expenses, liability, penalties and fines arising or resulting from inaccuracyof any description or particular.

10.  Use of Container. When the Goods onreceipt are not packed into a container, the Carrier shall be at liberty topack and carry the Goods in any reasonable type of container.

11.  Carrier's Container. (A) The Merchant assumes fullresponsibility for and shall indemnify the Carrier against any loss of ordamage to the Carrier's containers and other equipment if the loss or damage iscaused or occurs while in the possession or control of the Merchant, hisagents, or common carriers engaged by or on behalf of the Merchant (B) TheCarrier shall in no event be liable for, and the Merchant shall indemnify andhold the Carrier harmless from, any death of or injuries to persons, or loss ofor damage to property, caused by the Carrier's container or its contents whilein the possession or control of the Merchant, his agents, or common carriersengaged by or on behalf of the Merchant.

12.  Container Packed by Merchant. If the cargo received by the Carrier orInland Carrier is in a container packed by or on behalf of the Merchant. (A)this Bill of Lading is prima facie evidence of the receipt only of the numberon the face of this Bill of Lading. The condition and particulars of thecontents are unknown to the Carrier and Inland Carriers, and the Carrieraccepts no responsibility for the accuracy of the description of condition orparticulars. (B) The Merchant warrants (1) that the stowage of the contents ofthe containers and the closing and sealing of the containers are safe andproper, and (2) that the containers and their contents are suitable forhandling and carriage in accordance with the terms of this Bill of Lading,including Article 15. In the event of the Merchant's breach of any of thesewarranties, the Merchant and not the Carrier shall be responsible for, and theMerchant shall indemnify and hold Carrier harmless from, any resulting loss ordamage to persons or property (including the Goods) (C) The Merchant shallinspect the container when it is furnished by or on behalf of the Carrier, andthe container shall be deemed to have been accepted by the Merchant as being insound and suitable condition for the purpose of the transport contracted for inthis Bill of Lading, unless the Merchant gives notice to the contrary, inwriting, to the Carrier before the transport. (D) If the container is deliveredafter transport by the Carrier or Inland Carrier with seals intact, suchdelivery shall be deemed to be full and complete performance of the Carrier'sobligation under this Bill of Lading, and the Carrier shall not be liable forany loss of or damage to the contents of the container. (E) The Carrier andInland Carrier shall have the right to open the container and to inspect itscontents without notice to the Merchant, at such time and place as the Carrieror Inland Carrier may deem necessary, and all expenses incurred therefrom shallbe borne by the Merchant. (F) If any seal of the container is broken by customsor other authorities for inspection of its contents, the Carrier shall not beliable for any resulting loss, damage or expenses.

13.  Special Carriage or Container. (A) The Carrier does not undertake tocarry the Goods in refrigerated, heated, insulated, ventilated, or any otherspecial hold or container, nor to carry any special container packed by or onbehalf of the Merchant, but the Carrier will treat such Goods or container onlyas ordinary goods or dry container, respectively, unless: (1) specialarrangements for the carriage of such Goods or container have been agreed to inwriting between the Carrier and the Merchant; (2) such special arrangements arenoted on the face of this Bill of Lading; and (3) special freights as requiredhas been paid. The Carrier shall not be responsible for the function of aspecial container supplied by or on behalf of the Merchant. (B) The Carriershall not be liable for any loss of or damage to Goods in a special hold orcontainer arising from latent defects, breakdown, or stoppage of therefrigeration or heating machinery, insulation, ship's plant, or other suchapparatus of the Vessel or container, provided that the Carrier shall before orat the beginning of the transport exercise due diligence to maintain thespecial hold or container in an efficient state. (C) If the Goods have beenpacked into a refrigerated container by the Carrier or Inland Carrier, and theparticular temperature range requested by the Merchants is inserted in thisBill of Lading, the Carrier will set the thermostatic controls within therequested temperature range but does not guarantee the maintenance of such temperatureinside the container. (D) If the cargo received by the Carrier or InlandCarrier is in a refrigerated container packed by or on behalf of the Merchant,it is the obligation of the Merchant to stow the contents properly and set thethermostatic controls exactly. The Carrier shall not be liable for any loss ofor damage to the Goods arising out of or resulting from the Merchant's failurein such obligation and Carrier does not guarantee the maintenance of theintended temperature inside the container.

14.  Dangerous Goods, Contraband. (A) The Carrier undertakes to carryGoods of an explosive, inflammable, radioactive, corrosive, damaging,poisonous, or dangerous nature only upon the Carrier's approval of a writtenapplication by the Merchant prior to the carriage of such Goods. Suchapplication must accurately state the name, nature and classification of theGoods, as well as how they are dangerous and the method of rendering theminnocuous, together with the full names and addresses of the shipper and the consignee.(B) The Merchant shall undertake that the nature and danger of such Goods isdistinctly and permanently marked on the outside of the package or containercontaining the Goods. (C) Merchant shall submit all documents or certificatesrequired in connection with such Goods by any applicable statue or regulationor by the Carrier (D) Whenever the Goods are discovered to have been receivedby the Carrier or Inland Carrier without complying with subparts (A), (B) or(C) above, or the Goods are found to be contraband or prohibited by any law orregulation of any place during the transport, the Carrier shall be entitled tohave such Goods rendered innocuous, thrown overboard, discharged, or otherwisedisposed of at the Carrier's discretion without compensation, and the Merchantshall be liable for and indemnify the Carrier against any loss, damage orliability, including loss of freight, and any other expenses directly orindirectly arising out of custody or carriage of such Goods. (E) The Carriermay exercise the right conferred upon it under the preceding subpart wheneverit is apprehended that Goods received in compliance with subparts (A), (B) and(C) above have become dangerous, even if not dangerous when received by theCarrier or Inland Carrier. (F) The Carrier has the right to inspect thecontents of any package or container at any time and place without the priornotice to Merchant and at the risk and expense of the Merchant.

15.  Stowage Under and on Deck. (A) Goods in containers, vans,trailers, or chassis may be carried under deck or on deck, and when such Goodsare carried on deck the Carrier shall not be required to specially note mark,or stamp any statement of "on deck stowage" on the face of this Billof Lading, any custom to the contrary notwithstanding. Such on deck carriageshall not be considered a deviation. (B) Goods stowed in poop, forecastle, deckhouse, shelter deck, passenger space, or any other covered-in-space, or stowedin a container wherever placed, shall be deemed to be stowed under deck for allpurposes including general average. (C) Lumber, earth moving equipment and allother Goods customarily or reasonably carried on deck may, at Carrier's option,be carried on deck without further notice to Merchant and without liability tothe Carrier for the risks inherent in or incident to such carriage. Such ondeck carriage shall not be considered a deviation. (D) In respect of Goods notin containers and carried on deck, and stated on this Bill of Lading to be socarried, all risks of loss or damage from perils inherent in or incident to thecustody or carriage of such Goods shall be borne by the Merchant and in allother respects the Carrier shall have the benefit of the provisions of theapplicable, version of the Hague Rules (including U.S. COGSA, notwithstandingSection 1301 (c) thereof) and the terms of this Bill of Lading

16.  Live Animals and Plants. Regarding thecustody and carriage of live animals and plants, all risks of loss or damage byperils inherent in or incident to such carriage shall be borne by theMerchant.In other respects the Carrier shall have the benefit of the provisionsof the applicable version of the Hague Rules (including U.S. COGSA,notwithstanding Section 1301(c) thereof) and the terms, either implied orexpressly, of the Bill of Lading.

17.  Valuable Goods. The Carrier shall not be liable to anyextent for any loss of or damage to or in connection with precious metals,stones, or chemicals, jewelry, currency, negotiable instruments, securities,writings, documents, works of art, curios, heirlooms, or any other valuablegoods, including goods having particular value only for the Merchant, unlessthe true nature and value of the Goods have been declared in writing by theMerchant before receipt of the Goods by the Carrier or Inland Carrier, the sameis inserted on the face of this Bill of Lading and additional freight has beenpaid as required.

18.  Heavy Lift. (A) The weight of a single piece orpackage exceeding 2,240 lbs. gross must be declared by the Merchant in writingbefore receipt by the Carrier or Inland Carrier and must be marked clearly anddurably on the outside of the piece or package in letters and figures not lessthan two inches high. (B) If the Merchant fails in his obligations under thepreceding subpart (1) the Carrier shall not be responsible for any loss of ordamage to in connection with the Goods. (2) the Merchant shall be liable forresulting loss of or damage to any person or property, and (3) Merchant shallindemnify the Carrier against any resulting loss, damage, or liability sufferedby the Carrier.

19.  Delivery by Marks. (A) The Carrier shall not be liable forfailure or delaying delivery in accordance with marks, unless such marks havebeen clearly and durably stamped or marked upon the Goods, package, or containerby the Merchant before they are received by the Carrier or Inland Carrier, inletters and numbers not less than two inches high, together with the names ofthe port of discharge and place of delivery. (B) In no circumstances shall theCarrier be responsible for delivery in accordance with other than leadingmarks. (C) The Merchant warrants that the marks on the Goods, packages andcontainers correspond to the marks shown on this Bill of Lading and also in allrespects comply with all laws and regulations in force at the port of dischargeor place of delivery. The Merchant shall indemnity the Carrier against allloss, damage or expenses resulting from inaccuracy or incompleteness of themarks. (D) Goods that cannot be identified as to marks or numbers, cargosweeping liquid residue and any unclaimed goods not otherwise accounted for maybe allocated for the purpose for completing delivery to the various Merchantsof Goods of like character in proportion to any apparent shortage, loss ofweight or damage.

20.  Delivery. (A) The Carrier shall have the right todeliver the Goods at any time at the Vessels side, customhouse, warehouse,wharf, or any other place designated by the Carrier, within the geographiclimits of the port of discharge or place of delivery shown of the face of thisBill of Lading (B) The Carrier's responsibility shall cease when the Goods havebeen delivered to the Merchant, Inland Carrier, connecting carrier or any otherperson entitled to receive the Goods on Merchant's behalf at the place designatedby the Carrier. Delivery of the Goods to the custody of customs or any otherpublic authority shall constitute final discharge of the Carrier'sresponsibility. (C) In case the cargo received by the Carrier is containerspacked by or on behalf of the Merchant (1) The Carrier shall only beresponsible for delivery of the total number of containers received (2) TheCarrier shall not be required to unpack the containers and deliver theircontents in accordance with brands, marks, numbers sizes, to types of items orpieces (3) At the Carriers discretion and upon the Merchant's request inwriting to the Carrier at least 3 days prior to the scheduled date of arrivalthe of Vessel at the port of discharge containers may be unpacked and theircontents delivered by the Carrier in accordance with the written request. Insuch a case if the seal of the containers is intact at the time of unpackingall the Carrier's obligations under this Bill of Lading shall be deemed to havebeen discharged, the Carrier shall not be responsible for any loss or damageresulting from such delivery and the Merchants shall be liable for anappropriate adjustment of the freight and any additional charges incurred (D)If the Goods have been packed into a container by the Carrier shall unpack thecontainer and deliver its contents and the Carrier shall not be required todeliver the Goods in the container. At the Carrier's discretion, and subject toprior arrangement between the Merchant and the Carrier the Goods may bedelivered to Merchant in the container, in which case if the container isdelivered with seals intact all the Carrier's obligations under this Bill ofLading shall be deemed to have been discharged, and the Carrier shall not beresponsible for any loss or damage to the contents of the container. (E)Optional delivery shall be granted only when arranged prior to the time ofreceipt of the Goods by Carrier and if expressly stated on the face of thisBill of Lading. The Merchant desiring to avail himself of the option so expressedmust give notice in writing to the Carrier at the first port of call named inthe option at least 48 hours prior to the Vessel's arrival there, otherwise theGoods shall be landed at any of the optional ports at Carrier's option, and theCarrier's responsibility shall then cease. (F) Carrier is not responsible togive notification, in writing or otherwise, either to Merchant or others, ofthe arrival, discharge, or disposition of Goods, any custom or agreement to thecontrary notwithstanding, and notwithstanding any notation on the face of thisBill of Lading, concerning notification or a notify party.

21.  On-Carriage and Forwarding. (A) Whether arranged beforehand or not,the Carrier shall be at liberty without notice to carry the Goods wholly orpartly by the named or any other Vessel, craft barge, or other means oftransport by water, land or air, whether or not owned or operated by theCarrier. (B) The Carrier may under any circumstances whatsoever discharge theGoods or any part of them at any port or place for transshipment and store themafloat or ashore and then forward them by any means of transport. (C) If theGoods cannot be found at the port of discharge or place of delivery, or if theybe miscarried, they, when found, may be forwarded to their intended port ofdischarge or place of delivery at the Carrier's expense, but the Carrier shallnot be liable for any loss, damage, delay, or depreciation arising from suchforwarding. (D) In case of Port-to-Port Transportation, transshipment of cargo,or receipt of cargo from ports or inland points not including within the ship'sitinerary or the Carrier's service, is to be at the sole risk and expense ofthe Merchant, and neither the Carrier not its Vessel shall be deemed to be theagent or principal of a prior or subsequent carrier notwithstanding theissuance by the Carrier of a bill of lading, receipt, or other shippingdocument at a time or place prior to that at which the Goods are received bythe Carrier.

22. Fire.The Carrier shall not be responsiblefor any loss of or damage to the Goods arising from fire at any time, eventhough before loading on or after discharge from the Vessel, unless the fire iscaused by the de facto fault of the Carrier.

23.  Specific and General Liens. (A) The Carrier shall have a generaland continuing lien on the Goods as well as on any other property of theMerchant coming into the Carrier's actual or constructive possession or controlfor monies owed to the Carrier with regard to the shipment on which the lien isclaimed, a prior shipment(s), or any other prior obligation, including, withoutlimitation, freight, dead freight demurrage, detention, any Charges, and forany expenses the Carrier incurs for storage, security, repacking, remarking,fumigation, or required disposal of Goods, for fines, dues, tolls, orcommissions the Carrier has paid or advanced on behalf of the Goods, for anysums, including, without limitation, for legal expenses the Carrier hasincurred because of any attachment or other legal proceedings brought againstthe Goods by governmental authorities or any person claiming an interest in theGoods. The failure to pay any Charges may result in a lien on a futureshipment(s), including the cost of storage and appropriate security for thesubsequent shipment(s) that the Carrier may hold under this section. In anyevent, the Carrier's lien shall survive discharge or delivery of the Goods. (B)The Carrier shall provide written notice to the Merchant of the Carrier'sintent to exercise its lien rights, which notice shall set forth the exactamount of monies due. The Merchant shall notify all parties that it knows tohave an interest in the shipment(s) of the Carrier's lien rights and theexercise of such rights. (C) Unless, within 30 days of receiving notice oflien, the Merchant posts cash or letter of credit at sight, or if the amountdue is in dispute, an acceptable bond equal to 110 per cent of the value of thetotal amount due, in favor of Carrier, guaranteeing payment of all monies due,plus all ongoing and accruing charges, such as storage, the Carrier shall havethe right to enforce its lien by public or private sale of the Goods or anyother property of the Merchant, in bulk or in packages, at any time or placeand on any terms that are commercially reasonable, after which the Carriershall refund to the Merchant any net proceeds remaining after such sale. (D) IfGoods are unclaimed during a reasonable time, or whenever in the Carrier'sopinion the Goods will become deteriorated, decayed or worthless, the Carrier (withoutresponsibility to it) may at its discretion and subject to its lien, sell,abandon, or otherwise dispose of such Goods at the sole risk and expense of theMerchant

24.  Freight and Charges. (A) Freight may be calculated on thebasis of the particulars of the Goods furnished by the Merchant, who shall bedeemed to have guaranteed to the Carrier the accuracy of the contents, weight,measure, or value as furnished by him at the time of receipt of the Goods bythe Carrier or Inland Carrier, but the Carrier for the purpose of ascertainingthe actual particulars may at any time and at the risk and expense of theMerchant open the container or package and examine contents, weight, measure,and value of the Goods. In case of incorrect declaration of the contents,weight, measure and or value of the Goods, the Merchant shall be liable for andbound to pay to the Carrier: (1) the balance of freight between the freightcharged and that which would have been due had the correct details been given,plus (2) expenses incurred in determining the correct details, plus (3) asliquidated and ascertained damages, an additional sum equal to the correctfreight. (B) Full freight to the port of discharge or place of delivery shallbe considered as completely earned on receipt of the Goods by the Carrier,whether the freight be stated or intended to be prepaid or to be collected atdestination. The Carrier shall be entitled to all freight and other charges duehereunder, whether actually paid or not and to receive and retain such freightand charges under any circumstances, whether the Vessel and/or the Goods belost or not, or the voyage be broken up, frustrated, or abandoned at any stageof the entire transit. Full freight shall be paid on damaged or unsound Goods.(C) The Payment of freight and/or charges shall be made in full and in cashwithout any offset, counter claim, or deduction. Where freight is payable atthe port of discharge or place of delivery, such freight and all other chargesshall be paid in the currency named in this Bill of Lading, or, at Carrier'soption, in other currency subject to the regulators of the freight conferenceconcerned, if any, or custom at the place of payment. (D) Goods once receivedby the Carrier cannot be taken away or disposed of by the Merchant except uponthe Carrier's consent and after payment of full freight and compensation forany loss sustained by the Carrier through such taking away or disposal. (E) Ifthe Goods are not available when the Vessel is ready to load: (1) The Carrieris relieved of any obligation to load such Goods and the Vessel may leave theport without further notice. (2) Unless the unavailability arises in the courseof combined transport and is caused by the failure of an Inland Carrier toperform its obligations under this Bill of Lading, dead freight shall be paidby the Merchant. (F) The Merchant shall be liable for and shall indemnify theCarrier against: (1) all dues, duties, taxes, consular fees, and other chargeslevied on the Goods, and (2) all fines, damages and losses sustained by theCarrier in connection with Goods, howsoever caused, including the Merchant'sfailure to comply with laws and regulations of any public authority inconnection with the Goods, or failure to procure consular, Board of Health, orother certificates to accompany the Goods. The Merchant shall be liable forreturn freight and changes on any Goods refused exportation or importation byany public authority. (G) If the Carrier is of the opinion that the Goods arein need of sorting, inspecting, mending, repairing, or reconditioning, orotherwise require protecting or caring for, the Carrier at its discretion may,by itself or through Subcontractors, and as agent for the Merchant, carry outsuch work at the risk and expense of the Merchant. (H) The shipper, consignor,consignee, owner of the Goods and holder of this Bill of Lading shall bejointly and severally liable to the Carrier for the payment of all freight andcharges and for the performance of the obligations of any of them under thisBill of Lading

25.  Notice of Claim and Time for Suit againstCarrier. (A)Unless notice of loss or damage and the general nature of such loss or damagebe given in writing to the Carrier at the port of discharge or place ofdelivery before or at the time of delivery of the Goods or, if the loss ordamage is not apparent, within 3 days after delivery, the Goods shall be deemedto have been delivered as described in this Bill of Lading. (B) The Carriershall be discharged from all liability in respect of the Goods, includingwithout limitation nondelivery, misdelivery, delay, loss, or damage, unlesssuit has been brought within one year after delivery of the Goods or the datewhen the Goods should have been delivered. Suit shall not be considered to havebeen "brought" within the time specified unless process shall havebeen served and jurisdiction obtained over the Carrier within such time.

26.  Limitation of Liability. (A) Subject to subpart (B) below forthe purpose of determining the extent of the Carrier's liability for loss of ordamage to the Goods, the Merchant agrees that the value of the Goods is theMerchant's net invoice cost, plus freight and insurance premium, if paid. TheCarrier shall not be liable for any loss of profit or any consequential loss.(B) Insofar as the loss of or damage to or in connection with the Goods wascaused during the part of the custody or carriage to which the applicableversion of the Hague Rules applies: (1) The Carrier shall not be liable forloss or damage in an amount exceeding the minimum allowable per package or unitin the applicable version of the Hague Rules, which when U.S. COGSA isapplicable is an amount not exceeding U.S. $500 per package or customaryfreight unit, unless the value (and nature) of Goods higher than this amounthas been declared in writing by the Merchant before receipt of the Goods by theCarrier and inserted on the face of this Bill of Lading and extra freight hasbeen paid as required. If the actual value of the Goods per package or unitexceeds such declared value, the value shall nevertheless be deemed to be thedeclared value, and the Carrier's liability, if any, shall not exceed thedeclared value. Any partial loss or damage shall be adjusted pro rata on thebasis of such declared value. If the declared value has been willfullymisstated or is markedly higher than the actual value, the Carrier shall not beliable to pay any compensation. (2) Where the cargo has been packed into acontainer or unitized into a similar article of transport by or on behalf ofthe Merchant, it is expressly agreed that the number of such containers orsimilar articles of transport shown on the face of this Bill of Lading shall beconsidered as the number of the packages or units for the purpose of theapplication of the limitation of liability provided for in this Article.

27.  General Average: New Jason Clause. (A) General average shall be adjusted,stated and settled at any port or place as the Carrier's option and accordingto the York-Antwerp Rules, 1974 and as to matters not provided for by theseRules, according to the laws and usages of the port or place of adjustment andin the currency selected by the Carrier. The general average statement shall beprepared by the adjusters appointed by the Carrier. Average agreement or bondand such cash deposit as the Carrier may deem sufficient to cover the estimatedcontribution of the Goods and any salvage and special charges thereon and anyother additional securities as the Carrier may require shall be furnished bythe Merchant to the Carrier before delivery of the Goods. (B) In the event ofaccident, danger, damage, or disaster before or after commencement of thevoyage, resulting from any cause whatsoever, whether due to negligence or notfor which or for the consequence of which the Carrier isn't responsible bystatue, contract, or otherwise, the Goods and the Merchant shall jointly andseverally contribute with the Carrier in general average to the payment of anysacrifices, loss, or expenses of a general average nature that may be made orincurred, and shall pay salvage and special charges incurred in respect of theGoods. If a salvage ship is owned or operated by the Carrier, salvage shall bepaid for as fully and in the same manner as if such salvaging ship belonged tostrangers.

28.  Both to Blame Collision. If the Vessel comes into collision withanother ship as a result of the negligence of the other ship and any act,neglect, or default of the Master, mariner, pilot, or servants of the owner ofthe Vessel in the navigation or in the management of the Vessel, the Merchantshall indemnify the Carrier against all loss or liability which might beincurred directly or indirectly to the other or non-carrying ship or her ownersinsofar as such loss or liability represents loss of or damage to his Goods orany claim whatsoever of the Merchant paid or payable by the other ornon-carrying ship or her owners to the Merchant and set-off, recouped, orrecovered by the other or non-carrying ship or her owners as part of theirclaim against the carrying Vessel or its owner. The foregoing provisions shallalso apply where the owners, operators, or those in charge of any ship or shipsor objects other than, or in addition to the colliding ships or objects are atfault in respect of a collision contact stranding or other accident.

29.  Carriage of Metal Products, Lumber, Cotton. (A) The term "apparent good orderand condition" when used in this Bill of Lading does not mean: (1) withreference to iron, steel, or metal products, that the Goods when received werefree from visible rust or moisture. (2) with reference to lumber, timber,plywood, or other wood products, that the Goods when received were free fromvisible stains, discoloration, moisture, shakes, holes, chaffed, breakage orsplitting. If the Merchant so requests a substitute bill of lading will beissued setting forth any notations as to the foregoing that may appear on themate's or tally clerk's receipts or similar document. (B) Description of thecondition of cotton cargo does not relate to the sufficiency or not orcondition of the covering nor to any damage, resulting therefrom. Carrier shallnot be responsible for any such damage.

30.  Grain. Discharge of grain received bythe Carrier in bulk may take place in port, on barges, and/or lighters, or elsewhere,using or not using elevators, and such discharge shall constitute a sufficientdelivery by the Carrier. Thereafter any risk and expense associated with the saidgrain shall be borned by the Merchant.

31.  Intermodal Transportation (A) This Bill of Lading may be issuedfor Intermodal Transportation in any country. When so issued as between theMerchant and an Inland Carrier custody and carriage of the Goods by the InlandCarrier are subject to the relevant laws, regulations, tariffs and bill oflading are available from the Carrier or Inland Carrier upon request. (B)Claims by the Merchant against an Inland Carrier for loss or damage shall begiven and suit commenced as provided in the Inland Carrier's applicable bill oflading

32.  Carrier's Tariff. Subject tothe Carrier's application tariff,copies of the applicable tariff associatedwith the Bill of Lading are obtainable from the Carrier upon request.

33.  Severability of Terms. Some termsof the Bill of Lading are severable and if any part or term is declared invalidor unenforceable, the validity or enforceability of any other part or termshall not be affected.

34.  Himalaya Clause. All exceptions, exemptions defensesimmunities, limitations on liability, privileges and conditions granted orprovided by this Bill of Lading or by applicable tariff or by statue or for thebenefit of the Carrier shall also apply to and for the benefit of the officersand employees of the Carrier and the agents, officers and crew of the Vesseland to and for the benefit of all parties performing services in connectionwith the Goods as agents or contractors of the Carrier (including, withoutlimitation, stevedores, terminal operators and agents) and the employees of eachthem

35.  Sea Waybill. When this document is entitled SeaWaybill on the reverse side, this document is evidence of a contract ofcarriage and shall have effect subject to the CMI Uniform Rules for SeaWaybills, which are deemed to be incorporated herein; provided, however that ifany provision of such Rules are inconsistent with those of this document, thelatter shall prevail. Any reference in the above Sections to a Bill of Ladingshall be construed as a reference to a Sea Waybill when this document is entitledSea Waybill on the reverse side.

 


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