BL Terms 2

Bill of Lading -- Terms and Conditions

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  1. Containers
    1. Goods may be stuffed by the Carrier in or on Containers and Goods may be stuffed with other Goods.
    2. The terms of this Bill of Lading shall govern the responsibility of the Carrier in connection with or arising out of the supply of a Container to the Merchant, whether supplied before or after the Goods are received by the Carrier or delivered to the merchant.
    3. If a Container has been stuffed by or on behalf of the merchant.
      1. the Carrier shall not be liable for loss or damage to the Goods;
        1. the Carrier shall not be liable for loss or damage to the Goods;
        2. caused by the unsuitability the Goods for carriage in Containers;
        3. caused by the un unsuitability defective condition of the Container provided that where the Container has been supplied by or on behalf of the Carrier, this paragraph shall only apply if the unsuitability or defective condition arose (a)without any want of due diligence on the part of the Carrier or (b)would have been apparent on reasonable inspection by the Merchant at or prior to the time when the Container was stuffed;
        4. if the Container is not sealed at the commencement the Carriage except where the Carrier has agreed to seal the Container.
      2. the Merchant shall defend, indemnify and hold harmless the Carrier against any loss damage claim, liability or expense whatsoever arising from one or more of the matters covered by (A)above except for (A)(iii)(a)
    4. Where the Carrier is instructed to provide a Container, in the absence of a written request to the contrary, the Carrier is not under an obligation to provide a Container of any particular type or quality.

  2. Paramount Clause
    1. This Bill of Lading insofar as it relates to sea carriage by any vessel whether named herein or not shall have effect subject to the Hague Rules or any legislation making such Rules or the Hague-Visby Rules compulsorily applicable (such as COGSA 1936 or COGWA 1936 or COGSA 1971) to this Bill of Lading and the provision of the Hague Rules or applicable legislation shall be deemed incorporated herein. The Hague Rules (or COGSA 1936 when the Bill of Lading is subject to U.S. law) shall apply to the carriage of Goods by inland waterways and reference to carriage by sea in such Rules or legislation shall be deemed to include reference to inland waterways. The Hague Rules or applicable legislation shall apply to all Goods whether carried deck or under deck. If and to extent that provision of the Harter Act of the United States of America 1893 would otherwise be compulsorily applicable to regulate the Carrier's responsibility for the Goods during any period prior loading on or after discharge from the vessel, the Carrier's responsibility shall instead be governed by the provisions of Clause 8, but if such provisions are found to be invalid such responsibility shall be subject to COGSA 1936.
    2. The Carrier shall be entitled (and nothing in this Bill of Lading shall operate to limit or deprive such entitlement) to the full benefit of, and rights to, all limitations of or exemptions from liability and all rights conferred or authorized by any applicable law, statute or regulation of any country including, but not limited to, where applicable any provisions of sections 4281 to 4287, inclusive of the Revised Statutes of the United States of America and amendments thereto and where applicable and provisions of the laws of the United States of America.

  3. Limitation Amount
    1. When the Carrier is liable for compensation in respect of loss or damage to the Goods, such compensation shall be calculated by reference to the value of such Goods at the place and time they are delivered to the Consignee in accordance with the contract or should have been so delivered.
    2. The value of the Goods shall be fixed according to the current commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of Goods of the same kind and quality.
    3. Except where otherwise provided in this Bill of Lading, compensation shall not exceed US$500 per package or unit of Goods lost or damaged. However, the Carrier shall not, in any case, be liable for an amount greater than the actual loss to the person entitled to the claim.
    4. Where the Hague Rules, Hague-Visby Rules or VOGSA 1936 or COGWA 1936 or COGSA 1971 apply, the Carrier shall not, unless a declared value has been noted in accordance with paragraph 5 of this Clause, be or become liable for any loss or damage to or in connection with the Goods in an amount per package or shipping unit in excess of the package or shipping unit limitation as laid down by the applicable Rules or Act or any legislation making these Rules compulsorily applicable to this Bill of Lading. Such limitation amount, according to COGSA 1936 is US$500 and according to COGWA 1936 is CAN$500 and according to COGSA 1971 is a sum of 2 SDR's per kilo of the gross weight or 666.67 SDR's per package or unit, of the Goods lost or damage, whichever shall be the greater. If no other limitation amount is applicable under the relevant compulsory legislation, the limitation shall be according to COGSA 1936.
    5. The Carrier's liability, if any, may be increased to a higher value by the Shipper making a declaration, in writing of the Goods valuation on delivery to the Carrier of the Goods for shipment, such valuation to be inserted on the from of this Bill of Lading, in the space provided, and extra freight paid if required by the Carrier. In such case, if the actual value of the Goods 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 or damage shall be adjusted pro rata on the basis of such declared value.
    6. Where a Carrier is used to consolidate Goods and such Container is stuffed by the Carrier, the number of packages or shipping suits stated on the face of this Bill of Lading in the box provided shall be deemed the number of packages or shipping units for the purpose of any limit of liability per package or shipping unit provided in any International Convention or National Law relating to the Carriage of Goods by Sea or Water. Except as aforesaid the Container shall be considered the package, or shipping unit. The words 'shipping unit' shall mean each physical unit or piece of cargo not shipped in a package, including articles or things of any description whatsoever, except Goods shipped in bulk, and irrespective of the weight or measurement unit employed in calculation freight charges. As to Goods shipped in bulk, the limitation applicable thereto shall be the limitation provided in such convention or law which may be applicable and in no event shall anything herein be construed to be a waiver of limitation as to Goods shipped in bulk.

  4. Delay, Consequential Loss, etc.
    1. Arrival times are not guaranteed by the Carrier. If the Carrier is held liable in respect of delay, consequential loss or damage other than loss of or damage to the Goods, the liability of the carrier shall be limited to double the freight for the transport covered by this Bill of Lading, or the value of the Goods as determined in Clause 11 whichever is the less.
    2. If at any time the carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the Goods), whensoever and wheresoever arising (whether or not the carriage has commenced) the Carrier may:
      1. without notice to the merchant abandon the carriage of the Goods and where reasonably possible place the Goods or any part of them at the Merchant's disposal at any place which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease.
      2. without notice to the merchant abandon the carriage of the Goods and where reasonably possible place the Goods or any part of them at the Merchant's disposal at any place which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease.
    3. The liability of the Carrier in respect of the Goods shall cease on the delivery or other disposition of the Goods in accordance with the orders or recommendations given by any Government or Authority or any person acting or purporting to act as or on behalf of such Government of Authority.

  5. Defences
    The defences and limits of liability provided for in these Conditions shall apply in any actions against the Carrier for loss of or damage or delay to the Goods whether the action be founded in contract or in tort.

  6. Liability of Other Persons
    1. Any person or vessel whatsoever, including but not limited to, the Carrier's servants or agents, any independent contractor or his servants or agents, and all other by whom the whole or any part of the contract evidenced by this Bill of Lading, whether directly or indirectly, is procured, performed or undertaking, shall have the benefit of all provisions in this Bill of Lading benefiting the Carrier as if such provisions were expressly for his benefit and entering into this contract the Carrier to the extent of these provision, persons and vessels and such persons and vessels shall to this extent be or e deemed to be parties to this contract.
    2. The aggregate of the amounts recoverable from the Carrier and the persons referred to in paragraph (2) of Clause 5 shall in no case exceed the limits provided for in these conditions.

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