BL Terms 3
- Method and Route of Transportation
- The Carrier may at any time, with or without notice to the Merchant, use any means of transport or storage whatsoever, load or carry the Goods on any vessel whether named on the front hereof or not show the Goods, whether containerized or not, on or under deck; transfer the Goods from one conveyance to another including transshipping or carrying the same on a vessel other than that named on the front hereof or by any other means of transport whatsoever, at any place unpack or remove Goods which have been stuffed in or on a Container and forward the same in any manner whatsoever, proceed at any speed and by any route in his discretion (whether or not the nearest or most direct or customary or advertised route) and proceed to or stay at any place whatsoever once or more often and in any order, load or unload the Goods from any conveyance at any place; comply with any orders or recommendations gives by any Government or Authority or any person or body acting or purporting to act as or on behalf of such Government or Authority or having under the terms of the insurance on the conveyance employed by the Carrier the right to give orders or directions permit the vessel to proceed with or without pilots, to tow or e towed or by dry-docked, permit the vessel to carry livestock. Goods of all kinds, dangerous or otherwise, contraband, explosives, munitions or warlike stores and sail armed or unarmed.
- The liberties set out in paragraph (1) of the Clause may be invoked by the Carrier for any purposes whatsoever whether or not connected with the Carriage for the Goods. Anything done in accordance with paragraph (1) of this Clause or any delay arising there from shall be deemed to be within the contractual Carriage and shall not be a deviation of whatsoever nature of degree.
If delivery of the Goods or any part thereof is not taken by the Merchant at the time and place when and where the Carrier is entitled to call upon the Merchant to take delivery there-on, the Carrier shall be entitled to store the Goods or any part thereof at the sole risk of the Merchant, where upon the liability of the Carrier in respect of the Goods or that part thereof stored as aforesaid (as the case may be) shall wholly cease and the cost of such storage (if paid by or payable by the Carrier or any agent of sub-contractor of the Carrier) shall forthwith upon demand be paid by the Merchant to the Carrier.
- Both-to-Blame Collision
If the vessel on which the Goods are carried (the carrying vessel) comes into collision with any other vessel or object (the non-carrying vessel or object) as a result of the negligence of the non-carrying vessel or object or the owner of charter of or person responsible fro the non-carrying vessel or object, the Merchant undertakes to defend, indemnify and hold harmless the Carrier against all claims by or liability to (and any expense arising thererfrom) any vessel or person in respect of any loss of, or damage to, or any claim whatsoever of the Merchant paid or payable to the Merchant by the non-carrying vessel or object, or the owner of, charter of or person responsible for the non-carrying vessel or object and set off, recouped or recovered by such vessel, object or person(s) against the Carrier, the carrying vessel or her owners of chatterers.
- Freight and Charges
- Freight shall be paid in cash without discount and, whether prepayable or payable at destination, shall be considered as earned on receipt of the Goods and not be returned or relinquished in any event.
- Freight and all other amounts mentioned in this Bill of Lading are to be paid in the currency named in the Bill of Lading or, at the carrier's option in the currency of the country of dispatch or destination at the highest rate of exchange for Bankers Sight Bills current for prepayable Freight on the day of dispatch and for Freight payable at destination on the day when the Merchant is notified of arrival of the Goods there or on the day of withdrawal of the delivery order, whichever rate is the higher, or at the option of the Carrier on the date of the Bill of Lading.
- All dues, taxes and charges or other expenses in connection with the Goods shall be paid by the Merchant.
- The Merchant shall reimburse the Carrier in proportion to the amount of freight for any costs for deviation or delay or any other increase of costs of whatever nature caused by war, warlike operations, epidemics, strikes, governments or force majeure.
- The Merchant warrants the correctness of the declaration of contents, insurance, weight, measurement or value of the Goods but the Carrier reserves the right to have the contents inspected and the weight, measurement and value verified. If on such inspection it is found the declaration is not correct it is agreed that a sum equal either to five times the difference between correct figure and the Freight charged, or to double the correct Freight less the Freight charge whichever sum is the smaller, shall be payable as liquidated damage to the Carrier for his inspection costs and losses of freight on other goods not withstanding any other sum having been stated on the Bill of Lading as Freight payable.
The Carrier shall have a lien on Goods and any documents relating thereto for all sums whatsoever due at any time to the Carrier from the Merchant and for General Average contributions to whomsoever due and for the costs of recovering the same and the Carrier shall have the right to sell the Goods and documents by public auction or private treaty, without notice to the Merchant and at the Merchant expense and without any liability towards the Merchant.
- General Average
- The Carrier may declare General Average which shall be adjustable according to the York/Antwerp Rules of 1974 at any place at the option of the Carrier and the amended Jason Clause as approved by BIMCO is to be considered as incorporated herein and the Merchant shall provide such security as may be required by the Carrier in this connection.
- Notwithstanding (1) above, the Merchant shall defend, indemnify and hold harmless the Carrier in respect of any claim and any expense arising therefrom) of a General Average nature which maybe made on the Carrier and shall provide such security as may be required by the Carrier in the connection.
- The Carrier shall be under no obligation to take any steps whatsoever to collect security for General Average contributions due to the Merchant.
Unless notice of loss or damage to the Goods and general nature of it be given in writing to the Carrier or the persons referred to in paragraph 2 of Clause 5 at the place of delivery before or at the time of the removal of the goods into the custody of the person entitled to delivery thereto under this Bill of Lading, or if the loss or damage be not apparent, within seven consecutive days thereafter, such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as described in this Bill of Lading.
- Non Delivery
If this Bill of Lading is issued evidencing the Carrier Contract of Carriage by Combined Transport, failure to effect delivery within 90 days after the expiry of a time limit agreed and expressed herein or, where no time limit is agreed and so expressed failure to effect delivery within 90 days after the time it would be reasonable to allow for diligent completion of the combined transport operation shall in the absence of the evidence to the contrary, give to the party entitled to receive delivery, the right to treat the Goods as lost.
- Time Bar
The Carrier shall be discharged of all liability under the Terms and Conditions of this Bill of Lading, unless suit is brought within nine months after:
- the delivery of the Goods, or
- the date when the Goods should have been delivered, or
- the date when in accordance with Clause 22, failure to deliver the Goods would, in the absence of evidence to the contrary, give to the party entitled to receive delivery, the right to treat the Goods as lost. In the event that such time period shall be found contrary to any Convention or law compulsorily applicable, the period covered by such convention or law shall then apply but in that circumstance only.
- Variation of the Contract
No servant or agent of the Carrier shall have power to waive or vary any of the terms hereof unless such waiver or variation is in writing and is specifically authorized or ratified in writing by a director or office of the Carrier who has the actual authority of the Carrier so to waive or vary.
- Partial Invalidity
If any provision in this Bill of Lading is held to be invalid or unenforceable by any court or regulatory or self regulatory agency or body, such invalidity or unenforceability shall attach only to such provision. The validity of the remaining provisions shall not be affected thereby and this Bill of Lading contract shall be carried out as if such invalid or unenforceable provision were not contained therein.