(FACE CLAUSE)
RECEIVED by the Carrier from the Merchant in external apparent good order and condition unless otherwise indicated herein, the Goods, or package(s) said to contain the Goods, to be carried subject to all the terms and conditions herein. The total number of packages or units stuffed in the container, the description of the goods and the weights shown in this Bill of Lading are furnished by the Merchants, the containers are already sealed by the Merchants and the weight, measure, quantity, condition, contents and value of the Goods are unknown to the Carrier, and which the carrier has no reasonable means of checking and is not a part of this Bill of Lading contract.
The Acceptance of this Bill of Lading hereunder constitutes the Merchant’s acceptance of all the stipulations, exceptions, terms and conditions attached hereto or stated herein, whether written, printed, stamped or otherwise incorporated on the front and/or reverse side hereof as well as the provisions of the Carrier’s published Tariff Rules, Regulations and Schedules, without exceptions as fully as if signed by him, any contrary local custom or privilege notwithstanding. This Bill of Lading supersedes all prior agreements or freight engagements for the Goods.
If required by the Carrier, this Bill of Lading (duly endorsed if it is negotiable) must be surrendered by the Merchant to the Carrier or his agents in exchange for the Goods or delivery order. In witness whereof, the undersigned has signed the number of Bill of Lading stated hereunder, all of this tenor and date, one of which being accomplished, the others shall stand void.
(The printed terms and conditions appearing on the face and reverse side of this Bill of Lading are available from the Carrier upon request or on Carrier’s website at www.yunquna.com)
Additional clause on the front of this Bill of Lading:
For the Goods Carriage to or from or through a port or place in BrazilNotwithstanding any provision to the contrary, the Merchant agrees the Goods are considered formal delivery after the effective discharge at a port in Brazil, to any port authority/terminal at such port and all liability of the Carrier whatsoever in connection with the goods (including without limitation for misdelivery) shall cease at that time. The Carrier shall not be responsible for delivery of cargo without presentation of the Original Bill of Lading as per Brazilian Customs Regulations.
(BACK CLAUSE)
1.DEFINITION
The following words herein have the meaning hereby assigned:
(1)”Carrier” means the Carrier mentioned on the face hereof on whose behalf this Bill of Lading has been signed.
(2)“Sub-Contractor” includes owners and operators of vessels, stevedores, terminal operators, road, rail and air transport operators and independent contractors and their respective servants, agents and sub-contractors and any and all the Persons employed in performance of the whole or any part of the Carriage.
(3)”Merchant” includes the Shipper, Consignor, Consignee, owner and receiver of the Goods, the holder of this Bill of Lading and any Person owning, entitled to or claiming the possession of the Goods or of this Bill of Lading or anyone acting on behalf of this Person.
(4)”Carriage” means the whole or any part of the operations and services undertaken by the Carrier in respect of the Goods covered by this Bill of Lading.
(5)”Container” includes any container, open top, flat rack, transportable tank, lift van, pallet or any other similar equipment of transport hereof or connected thereto.
(6) “Freight” includes all charges payable to the Carrier in accordance with the applicable Tariff and this bill of lading.
(7)”Goods” means the cargo described on the face of this Bill of Lading and, if the Goods are packed into the Container supplied or furnished by or on behalf of the Merchant, includes the Container as well.
(8)”Person” means an individual, group, company, or other entity.
(9)”Insurance” means Marine cargo insurance.
(10)”SDR” means the Special Drawing Right as defined by the International Monetary Fund.
2.CERTAIN RIGHTS AND IMMUNITIES OF THE CARRIER
(1)The Carrier shall be entitled to sub-contract on any terms the whole or any part of the carriage.
(2)The Merchant undertakes that no claim or allegation shall be made against any person or vessel whatsoever other than the Carrier, including, but not limited to, the Carrier’s servants or agents, any independent contractor and his servants or agents, and all others by whom the whole or any part of the carriage, whether directly or indirectly, is procured, performed or undertaken, which imposes or attempts to impose upon any such person or vessel any liability whatsoever in connection with the Goods or the carriage; and if any claim or allegation should nevertheless be made to defend, indemnify, and hold the Carrier harmless against all consequences thereof. The Merchant shall be liable for the loss, damage, delay, contamination, soiling, detention or demurrage of property (including, but not limited to, Containers) of the Carrier or any person or vessel (other than the Merchant) before, during and after the carriage caused by the Merchant or any person acting on his behalf or for which the Merchant is otherwise responsible, Without prejudice to the foregoing every such person and vessel shall have the benefit of all provisions herein benefiting the Carrier, as if such provisions were expressly for his benefit and in entering into this contract, the Carrier, to the extent of these provisions, does so not only on his own behalf but also as agent or trustee for such persons and vessels, and such persons and vessels shall to this extent be or be deemed to be parties to this contact.
(3)The Merchant shall defend, indemnify and hold the Carrier harmless against any claim or liability (and any expense arising therefrom) arising from the carriage of Goods insofar as such claim or liability exceeds the Carrier’s liability under this Bill of Lading.
(4)The aggregate of the amounts recoverable from the Carrier and his servant, agent, Sub-Contractor or other Person and their servant and agent shall in no case exceed the limits provided for in this Bill of Lading whether the action be founded in contract, in tort or otherwise.
(5)Nothing in this bill of lading shall operate to limit or deprive the Carrier of any statutory protection, defense, exception or limitation of liability authorized by any applicable laws, statutes or regulations of any country. The Carrier shall have the benefit of the said laws, statutes or regulations as if it were the owner of any carrying Vessel.
3.CARRIER’S RESPONSIBILITY
(1)PORT TO PORT SHIPMENT
If the Place of Receipt and the Place of Delivery are not indicated on the front of this Bill of Lading or if both the Place of Receipt and the Place of Delivery indicated are ports and the Bill of Lading does not in the nomination of the Place of Receipt or the Place of Delivery on the front hereof specify any place or spot within the area of the port so nominated, this Bill of Lading is a Port-to-Port shipment contract.The responsibility of the Carrier with regard to the Goods carried in containers covers the entire period during which the Carrier is in charge of the Goods, starting from the time the Carrier has taken over the Goods at the port of loading, until the time of delivery thereof at the port of discharge to the Merchant or to the Authority as required by local laws or regulations, whichever occurs earlier. The responsibility of the Carrier with respect to non-containerized Goods’ covers the period during which the Carrier is in charge of the Goods, starting from the time of loading of the Goods onto the ship until the time the Goods are discharged therefrom. The Carrier shall not be liable for any loss or damage or delay whatsoever in respect of the Goods or for any other matter arising during any other part of the carriage even though charges for the whole carriage have been collected by the Carrier.
(2)COMBINED TRANSPORT
If the Place of Receipt and/or the Place of Delivery are indicated on the reverse hereof in the relevant boxes and Freight is paid for combined transport, this Bill of Lading is a combined transport contract. The Carrier undertakes to arrange or procure the pre-carriage and/or on-carriage segments of the combined transport. All claimsarising from the combined transport carriage must be filed with the Carrier within 9 months after the delivery of the Goods or the date when the Goods should have been delivered, failing which the Carrier shall be discharged from all liabilities whatsoever in respect of the Goods. If any payment is made by the Carrier to the Merchant in respect of any claim arising from the combined transport carriage, the Carrier shall be automatically subrogated to or given all rights of the Merchant against all others including pre-carrier or on-carrier or Subcontractor on account of such loss or damage. Nothing herein contained shall be deemed a waiver of any rights that the Carrier may have against a pre-carrier or on-carrier or Subcontractor for indemnity or otherwise.
4.MERCHANT’S RESPONSIBILITY AND PACKED CONTAINERS BY MERCHANT
(1)The Merchant warrants to the Carrier that the particulars relating to the Goods as set out the face hereof have been checked by the Merchant on receipt of this Bill of Lading and that such particulars and any other particulars furnished by or on behalf of the Merchant are correct.
(2)The Merchant shall indemnify Carrier in respect of all loss, damage and expenses arising or resulting from inaccuracies in or inadequacy of such particulars or failure to comply, or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods.
The Carrier to such indemnity shall in no way limit his responsibility and liability under this Bill of Lading to all the Person coming within the definition of the Merchant.
(3)If the Container has not been packed or stowed by the Carrier, this Bill of Lading shall be a receipt only for the Container and the Carrier shall not be liable for any loss of or damage to its contents and the Merchant shall indemnify the Carrier against any injury, loss, damage, liability or expense, if such loss, damage, liability or expense has been caused by:
(a)the manner in which the Container has been filled, packed, stuffed or sealed;
(b)the unsuitable contents for the Carriage by the Containers; or
(c)the unsuitability or defective condition of the Container which would have been apparent upon reasonable inspection by the Merchant at or prior to the time the Container was filled, packed, stowed.
(4)If the Container is delivered by the Carrier with seals intact, such delivery shall be deemed as full and complete performance of the Carrier’s obligation hereunder and the Carrier shall not be liable for any loss of or damage to the contents of the Container.
(5)The Merchant shall inspect any Container before packing the contents into the Container and the use of the Container shall be prima facie evidence of the Container being sound and suitable for use, however the Carrier has the right to inspect the Goods or package at any time and anywhere without the Merchant’s agreement.
(6)Once the Goods have been received by the Carrier for Carriage the Merchant shall not be entitled neither to impede, delay, suspend or stop or otherwise interfere with the Carrier’s intended manner of performance of the Carriage or the exercise of the liberties conferred by this bill of lading nor to instruct or require delivery of the Goods at other Port or Place than the Port of Discharge or Place of Delivery named on the reverse hereof or such other Port or Place selected by the Carrier in the exercise of the liberties herein, for any reason whatsoever. The Merchant shall indemnify the Carrier against all claims, liabilities, losses, damages, costs, delays, attorney fees and/or expenses caused to the Carrier, his Subcontractors, servants or agents or to any other cargo or to the owner of such cargo during the Carriage arising or resulting from any impediment, delay, suspension, stoppage or interference whatsoever in the Carriage of the Goods.
(7)The Carrier and/or any person to whom the Carrier has sub-contracted the carriage or any person authorized by the Carrier shall be entitled, but under no obligation to open the Container(s) or package and to inspect the contents of the Container(s) without notice to the Merchant at such time and place as the Carrier may deem necessary and all expenses incurred therefrom shall be borne by the Merchant; in case the seals of Container(s) are broken by the customs or other authorities for inspection of the contents of the said Container(s), the Carrier shall not be liable for any loss, damage, expenses, or any other consequences arising or resulting therefrom.
5.UNKNOWN CLAUSE
(1)This Bill of Lading shall be prima facie evidence of the receipt by the Carrier of the total number of the Containers or other packages or units enumerated on the face hereof.
(2)No representation is made by the Carrier as to the weight, contents, measure, quantity, quality, description, condition, marks, numbers or value of the Goods and the Carrier shall be under no responsibility whatsoever in respect of such description or particulars.
(3)The Merchant shall indemnify the Carrier against all loss, damage or expenses arising or resulting from inaccuracies or inadequacy of such particulars, and any other particulars furnished by or on behalf of the Merchant, are adequate and correct. The Merchant also warrants that the Goods are lawful goods, and contain no contraband, drugs or other illegal substances or stowaways, and that the Goods will not cause loss, damage or expense to the Carrier, or to any other cargo.
(4)If any particulars of any letter of credit and/or import license and/or sales contract and/or invoice or order number and/or details of any contract to which the Carrier is not a party are shown on the face of this bill of lading, such particulars are included at the sole risk of the Merchant and for his convenience. The Merchant agrees that the inclusion of such particulars shall not be regarded as a declaration of value and in no way increases Carrier’s liability under this bill of lading.
- CONTINGENCY
If at any time the performance of the contract evidenced by this Bill of Lading is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind, the Carrier (whether or not the transport is commenced) may , without notice to the Merchant,
(i)treat the performance of this contract as terminated and place the Goods or any part of them at the Merchant’s disposal at any place or port which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease: or (ii)to deliver the Goods at the place designated for delivery.
In any event the Carrier shall be entitled to full freight and charges on the Goods received for the Carriage and the Merchant shall pay any additional costs of the Carriage to and delivery and storage at such place or port.
7.METHODS AND ROUTES OF CARRIAGE
(1)The Carrier reserves to himself reasonable liberty as to the means, route and procedure without notice to the Merchant.
(2)The Carrier shall be complied with any orders, directions or recommendations given by any government or authority, or whosoever acting or purporting to act as or on behalf of such government or authority, or having under the terms of any Insurance for the Goods on any conveyance employed by the Carrier the right to give orders or directions. Anything done in accordance with the preceding paragraph or any delay arising therefrom shall be deemed to be within the contractual Carriage and shall not be a deviation.
8.DANGEROUS GOODS AND CONTRABAND
(1)The Merchant undertakes not to tender for transportation any Goods which are of an explosive, inflammable, radioactive, corrosive, or damaging, noxious, hazardous, poisonous, injurious or dangerous nature without giving prior written notice of their nature to the Carrier and making the Goods and the Containers or other covering on the outside as required by any laws or regulations or by reason of international conventions relating to the Carriage of the Goods of a dangerous nature which may be applicable during the Carriage.
(2)If the Merchant fails to provide such requirements and at any time and the Goods are found to be contraband or prohibited by any laws or regulations of the port of loading, discharge or call or any place during the Carriage, the Carrier shall be entitled to have such Goods rendered innocuous, thrown overboard or discharged or otherwise disposed of at the Carrier’s discretion without compensation to the Merchant and the Merchant shall be liable for and indemnify the Carrier against any kind of loss, damage or liability including loss of freight, and any expenses directly or indirectly arising out of or resulting from such Goods. Further, the Carrier shall be under no liability to make general average contribution in respect of such Goods.
(3)If the Goods shipped with the knowledge of the Carrier as to dangerous, inflammable, radioactive, or damaging nature, shall become a danger to the vessel, cargo or any other property or the Person, such Goods may in like manner be discharged, destroyed or rendered harmless without compensation to the Merchant.
(4)Whether or not the Merchant was aware of the nature and such non-compliance of the Goods, the Merchant shall indemnify the Carrier against any kind of claims, losses, damages, or expenses, or personal injury or death, arising in consequence of the Carriage of such Goods.
9.DECK CARGO, ANIMALS AND PLANTS
(1)The Carrier is entitled to carry the Containers on or under deck without notice to the Merchant unless it is specifically stipulated on the front page of this Bill of Lading. The Carrier shall not be liable for the loss of or damage to the Goods caused by the special risks involved in such carriage.
(2)Goods (other than Goods stuffed in Containers) that are stated on the front of this Bill of Lading as contracted to be carried “on deck” and are so carried, and all live animals including fish and birds, or plants shipped hereunder, shall be carried solely at the risk of the Merchant, and the Carrier shall not be liable for any loss or damage of whatsoever nature arising during carriage by sea whether or not arising out of negligence on the part of the Carrier. The Merchant shall defend indemnify and hold the Carrier harmless against all or any extra costs incurred for any reason whatsoever in connection with the carriage of such live animals or plants.
10.TEMPERATURE CONTROLLED CARGO
(1)The Merchant undertakes not to tender for transportation any Goods which require temperature control without previously giving written notice of their nature and particular temperature range to be maintained and in the case of a temperature controlled Container packed by or on behalf of the Merchant further undertakes that the Goods has been properly stowed in the Container and that its thermostatic controls have been properly set by the Merchant before receipt of the Goods by the Carrier. If the above requirements are not complied with, the Carrier shall not be liable for any loss of or damage to the Goods howsoever arising.
(2)The Carrier shall not be liable for any loss of or damage to the Goods arising from defects, derangement, breakdown, stoppage of the refrigerating machinery, plant, insulation or any apparatus of the Container, provided that the Carrier shall before or at the beginning of the Carriage exercise due diligence to maintain the refrigerated Container in an efficient state.
11.VALUABLE GOODS
The Carrier shall not be liable for any loss of or damage to platinum, gold, silver, jewelry, precious metals, radioisotope, precious chemicals, bullion, specie, currencies, negotiable instruments, securities, writing, documents, pictures, embroideries, works of art, curios, heirlooms, collections of every nature or any other valuable Goods whatsoever including the Goods having particular value only for the Merchant, unless the true nature and value of the Goods have been declared in writing by the Merchant before receipt of the Goods and the same are inserted in this Bill of Lading and ad valorem freight have been prepaid thereon.
12.HEAVY LIFT
(1)The weight of a single piece or package exceeding one metric ton gross must be declared by the Merchant in writing before receipt by the Carrier and must be marked clearly and durably on the outside of the piece or package.
(2)In case of the Merchant’s failure in the above declaration, the Carrier shall not be responsible for any loss of or damage to the Goods and at the same time the Merchant shall be responsible for loss of or damage to any property or for personal injury or death arising as a result of the Merchant’s said failure and shall indemnify the Carrier against any kind of loss or liability suffered or incurred by the Carrier as a result of such failure.
13.DELIVERY OF GOODS
(1)If delivery of the Goods or any part thereof is not taken by the Merchant within a reasonable time, thereafter the Carrier is entitled to call upon the Merchant to take delivery thereof, the Carrier shall be at liberty to store the Goods or that part, whereupon the liability of the Carrier in respect of the Goods or that part shall wholly cease and the cost and expenses of such storage shall forthwith upon demand be paid by the Merchant to the Carrier.
(2)If the Goods are unclaimed during a reasonable time, or whenever in the Carrier’s opinion, the Goods will become deteriorated, decayed or worthless, the Carrier may, at his discretion and subject to his lien and without any responsibility attaching to him, sell, abandon or otherwise dispose of such Goods solely at the risk and expense of the Merchant.
(3)In case the Goods received by the Carrier are the Containers into which contents have been packed by or on behalf of the Merchant, the Carrier shall only be responsible for delivery of the total number of the Containers as shown on the face of this Bill of Lading.
As long as it is at the absolute discretion and on condition that the Carrier shall not have responsible for any shortage, loss, damage or discrepancies of the Goods which are found upon unpacking the Containers, the Containers may be opened and the contents thereof delivered in accordance with the brands, marks, numbers, sizes or types of packages or pieces.
(4)In case the Goods have been packed into the Containers by the Carrier, the Carrier shall unpack the Containers and deliver the contents thereof and shall not be required to deliver the Goods in the Container, as long as it is at the absolute discretion of the Carrier and subject to prior arrangement between the Merchant and the Carrier, the Goods may be delivered in the Containers to the Merchant, in which case if the Containers are delivered with seals intact by the Carrier, such delivery shall be deemed as full and complete performance of the Carrier’s obligations hereunder and the Carrier shall not be responsible for any loss of or damage to the contents of the Containers.
(5)The Carrier shall not be liable for failure of or delay in delivery in accordance with other than leading marks on the face of this Bill of Lading.
(6) If the Carrier is obliged to discharge the Goods into the hands of any customs, port or other authority, such discharge shall constitute due delivery of the Goods to the Merchant under this bill of lading.
(7)Refusal by the Merchant to take delivery of the Goods in accordance with the terms of this clause and/or to mitigate any loss or damage thereto shall constitute a waiver by the Merchant to the Carrier of any claim whatsoever relating to the Goods or the Carriage thereof.
14.CARRIER’S TARIFF
The provisions of the Carrier’s applicable Tariff are deemed to be incorporated herein. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or his agents upon request. In the case of inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.
15.FREIGHT AND CHARGE
(1)The freight and other charges shall be deemed fully earned on receipt of the Goods by the Carrier and shall be paid and non-returnable in any event, whether the freight shall be stated to be prepaid or be collected at the destination.
(2)The Charges have been calculated on the basis of particulars furnished by or on behalf of the Merchant. If the particulars are found by the Carrier to be incorrect, the Merchant shall pay the Carrier the correct Charges and the costs incurred by the Carrier in establishing the correct particulars.
(3)All freight and other charges shall be paid without any set off, counter claim, deduction or stay of execution, whether the vessel or other means of transport or the Goods be lost or not, or the voyage or the Carriage shall be broken up or frustrated or abandoned.
(4)The Merchant shall be liable for, and defend, indemnify, and hold the Carrier harmless against all detention, demurrage, dues, duties, taxes, and charges including consular fees levied on the Goods, or all fines and loss sustained or incurred by the Carrier in connection with the Goods howsoever caused, including the Merchant’s failure to comply with laws and regulations of any government or public authorities in connection with the Goods or to procure consular, the hygiene authorities or other certificate to accompany the Goods. The Merchant shall be liable for return freight and charges on the Goods refused exportation or importation by any government or public authorities. If the Carrier is of the opinion that the Goods stand in need of sorting, inspecting, mending, repairing, reconditioning, or otherwise require protecting or caring for, the Carrier may carry out such work at the cost and expense of the Merchant and the Goods. The Merchant authorizes the Carrier to pay and incur all such charges and expenses and to do any matters mentioned above at the expense of and as agents for the Merchant and to engage other Persons to regain or seek to regain possession of the Goods and do all things deemed advisable for the benefit of the Goods. The Merchant shall pay such dues, duties, taxes, and other charges in advance upon the Carrier’s request.
(5)In case of all fines and losses which the Carrier may incur from the Merchant’s failure to load the Goods or in part on the vessel or other means of transport from any cause whatsoever, the Merchant shall be responsible for.
(6)The shipper, consignee, owner of the Goods and holder of this Bill of Lading and any parties defined as the Merchant shall be jointly and severally liable to the Carrier for the payment of all freight and charges and for the performance of their respective obligations hereunder.
(7)Any mending, baling, repairs or replacement of packages resulting from insufficiency of packing or from excepted perils, and expenses incurred in fumigating, protecting, caring for, regaining possession of or otherwise made for the benefit of the Goods shall be paid or assured payment of by the Merchant.
16.LOSS OR DAMAGEF
(1) The Terms and Conditions of this Bill of Lading shall at all times govern all responsibilities of the Carrier in connection with or arising out of the carriage of the Goods not only during the carriage, but also during the period prior to and/or subsequent to the carriage. The exemptions from liability, defenses and limitation of liability provided for herein or otherwise shall apply in any action against the Carrier for loss or damage or delay, howsoever occurring and whether the action be founded in contract or in tort and even if the loss, damage or delay arose as a result of unseaworthiness, negligence or fundamental breach of contract. Save as is otherwise provided herein, the Carrier shall in no circumstances be liable for direct or indirect or consequential loss or damage or loss of profits.
(2) The Carrier does not undertake that the Goods will be transported from or loaded at the place of receipt or loading or will arrive at the place of discharge, destination or transshipment aboard any particular vessel or other conveyance at any particular date or time or to meet any particular market or in time for any particular use. Scheduled or advertised departure and arrival times are only expected times and may be advanced or delayed if the Carrier shall find it necessary, prudent or convenient. The Carrier shall in no circumstances whatsoever and howsoever arising be liable for direct, indirect or consequential loss or damage caused by delay.
(3) If the stage of the combined transport during which loss or damage occurred can be determined, the liability of the Carrier shall be governed by the national law(s) and/or international convention(s) applicable thereto. If the stage of the combined transport during which loss or damage occurred cannot be determined, the Merchant and the Carrier agree that it shall be deemed that the loss or damage occurred aboard the Carrier’s Vessel. In either case, clauses 18 and 20 shall apply.
17.LIMIT OF LIABILITY
(1)The Carrier shall in no event, except providing that the loss or damage occurred during the Carriage by air, be or become liable for any loss of or damage, whatsoever and howsoever arising, to the Goods in an amount exceeding the equivalent of 666.67 SDR per package or unit or 2 SDR per kilogram of gross weight of the Goods lost or damaged, whichever is the higher, unless Clause 18 (2) applies.
(2)Where carriage includes carriage to or from or through a port or place in the United States of America, this Bill of Lading shall be subject to the provisions of US COGSA and any amendments thereto, as provided for in Clause 2(2) hereof. In such event, the liability of the Carrier or its servants, agents, Sub-contractors and/or the vessel shall in no event be or become liable for any loss or damage to or in connection with Goods in any amount exceeding the limits in an amount USD 500 per package or, when the Goods are not shipped in packages, USD 500 per customary freight unit. In any event, the Carrier’s limitations of liability in respect of inland loss or damage shall be no higher than that of the underlying Carrier.
(3)When the Carrier is liable for compensation in respect of any loss of or damage to the Goods, compensation by the Carrier shall be calculated by reference to the value of the Goods plus freight and insurance premium if paid. The value of the Goods shall be determined by the lowest price with reference to the commercial invoice, customs declaration, any prevailing market price (at the place and time they are delivered or should have been delivered), production price or the reasonable value of goods of the same kind and/or quality.
(4)The Merchant agrees and acknowledges that the Carrier has no knowledge of the value of the Goods and higher compensation than that provided for in this Bill of Lading may be claimed only when, with the consent of the Carrier, the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading in the box of “Declared Cargo Value” and the Merchant has paid additional Freight on such declared value. This declaration if embodied in this Bill of Lading shall be prima facie evidence, but shall not be binding or conclusive on the Carrier. The Carrier shall in no event be or become liable for any loss or damage to or in connection with Goods if the nature or value thereof has been misstated by the Merchant in this Bill of Lading.
(5)The amounts mentioned in Paragraph (I) above shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the court seized of the case.
(6)When the Goods have been packed into the Container by or on behalf of the Merchant,pallet or similar article of carriage is used to consolidate Goods, the smallest number of packages or other shipping units enumerated in this Bill of Lading as packed in such article of carriage shall be deemed to be the number of packages or shipping units. If the number of packages or units packed into the Container is not enumerated on the face of this Bill of Lading, each Container including the entire contents thereof shall be considered as one package or one shipping unit for the purpose of application of the Carrier’s limitation of liability.Where the article of carriage is not owned or furnished by the Carrier, such article of carriage shall be deemed to be one package or one shipping unit.
(7)In no event shall the Carrier be liable for delay in delivery, any direct, indirect or loss of profit or consequential loss or damage. Without prejudice to the foregoing, if the Carrier is found liable for delay, liability shall be limited to the freight applicable to the relevant stage of the Carriage.
18.SUB-CONTRACTING AND INDEMNITY
(1)The Carrier shall be entitled to sub-contract the Carriage on any terms the whole or any part of the Carriage, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by the Carrier in relation to the Goods, including liberty to further sub-contract.
(2)The Merchant undertakes that no claim or allegation shall be made against any servant, agent, Sub[1]Contractor or other Person of the Carrier which imposes or attempts to impose upon any of them or any vessel owned by any such Person, any liability whatsoever in connection with the Goods or the Carriage, whether or not arising out of negligence, contract, tort, bailment, warranty, statute, or otherwise. If any such claim or allegation should nevertheless be made, the Merchant shall indemnify the Carrier against all consequences thereof. Without prejudice to the foregoing, every such servant, agent, the Sub[1]Contractor and other Person shall have the benefit of all provisions herein for the benefit of the Carrier as if such provisions were expressly for their benefit and in entering into this contract, the Carrier, to the extent of those provisions, does so not only on his own behalf, but also as agent and trustee for such servant, agents, the Sub-Contractor and other Person.
(3)The aggregate of the amounts recoverable from the Carrier and such servant, agent, Sub-Contractor or other Person and their servant and agent shall in no case exceed the limits provided herein.
19.NOTICE OF CLAIM
(1)Unless notice of loss of or damage to the Goods, indicating the general nature of such loss or damage shall be given in writing to the Carrier or to his agent 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 thereof under this Bill of Lading, or if the loss or damage is not apparent, within seven consecutive days after removal, such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as described in this Bill of Lading.
(2) Where the Goods have been or may have been lost or damaged during the custody of Sub[1]Contractors, the Carrier shall be discharged from all liabilities whatsoever in respect of the Goods unless the Merchant gives the Carrier notice of loss and notice of claim in time for the Carrier to comply with the requirements of the Sub-Contractors. It is the Merchant’s obligation to inquire as to those requirements. The Carrier is not obligated to volunteer that information.
20.TIME BAR
In any event the Carrier shall be discharged from all liability in respect of the Goods under this Bill of Lading, unless suit is brought within one year after delivery of the Goods or the date when the Goods should have been delivered.
21.LIEN
(1)The Carrier shall have a lien on the Goods and any documents relating thereto, for all amount due at any time to the Carrier from the Merchant under this Bill of Lading and any other contracts 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 privately or by public auction without notice to the Merchant and at the Merchant’s expense and without any responsibilities for the Merchant. The Carrier shall be entitled to recover the deficit from the Merchant against the amount due and the cost incurred consequent on sale of the Goods. If on sale of the Goods, the proceeds fail to cover the amount due and the cost and expenses incurred, the Carrier shall be entitled to recover the deficit from the Merchant.
(2)If the Goods are unclaimed during a reasonable time, or whenever in the Carrier’s opinion, the Goods will become deteriorated, decayed, or worthless, the Carrier may, at his discretion and subject to his lien and without any liability attaching to him, sell, abandon or otherwise dispose of such Goods solely at the risk and expense of the Merchant.
22.CONTAINER
(1)The Merchant shall has full responsibility for and shall indemnify the Carrier against any loss of or damage to any Container or other equipment furnished or arranged by the Carrier for the Merchant which occurs during in the possession or control of the Merchant, its agent or its inland carrier engaged by or on behalf of the Merchant.
(2)In no event the Carrier shall has full responsibility for and the Merchant shall indemnify and hold harmless the Carrier from and against any loss of or damage to the property of any other Person or any injury to or death of any other Person caused by any Container or other equipment furnished or arranged by the Carrier or by contents of the Container during handling by or during in the possession or control of the Merchant, its agent or its inland carrier engaged by or on behalf of the Merchant.
(3)If any Container furnished or arranged by the Carrier is unpacked at the Merchant’s premises, the Merchant shall has full responsibility for returning the empty container, with interior brushed, free of smell and cleaned to the point or place designated by the Carrier within the time prescribed in the Tariff and/or required by the Carrier.
If the Container should not be returned within the time prescribed by the Carrier, the Merchant shall be liable for any detention, demurrage, loss or expenses which may incur from such return delay or non[1]return.
(4)Goods may be stuffed by the Carrier in or on Containers and different Goods may be stuffed in or on a container.
23.GENERAL AVERAGE AND NEW JASON CLAUSE
(1)The Merchant shall admit that General Average may be declared during the course of or in respect of the carriage of the Goods by sea and shall in such a case undertake to make, for settlement of the General Average, such contribution due from the Goods as is determined in accordance with the York[1]Antwerp Rules of 1994 or any modification thereof , and any other rules, laws and usage of the port or place of the adjustment as may be stated in the ocean Bill of Lading issued for the Goods..
(2)If the Carrier delivers the Goods without obtaining security for general average contributions, the Merchant, by taking delivery of the Goods, undertakes responsibility to pay such contributions and to provide such cash deposit or other security for the estimated amount of such contributions as the Carrier shall require.
(3)In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Carrier is not responsible, by statute, contract or otherwise, the Goods, Shippers, Consignees or owners of the Goods shall contribute with the Carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the Goods.
If a salvaging ship is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salvaging ship or ships belonged to strangers. Such deposit as the Carrier or his agents may deem sufficient to cover the estimated contribution of the Goods and any salvage and special charges thereon shall, if required, be made by the Goods, Shippers, Consignees or owners of the Goods to the Carrier before delivery.
24.BOTH-TO-BLAME COLLISION
If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the Goods carried hereunder will indemnify the Carrier against all loss or liability to the other or non- carrying ship or her Owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said the Goods, paid or payable by the other or non-carrying ship or her Owners to the owners of said the Goods and set-off, recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against the carrying Vessel or Carrier. The foregoing provisions shall also apply where the Owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact.
25.VARIATI0N OF THE CONTRACT AND VALIDITY
(1)No servant or agent of the Carrier shall have the power to waive or vary any Terms and Conditions unless such waiver or variation is in writing and is specifically authorised or ratified in writing by the Carrier.
(2) In the event that anything herein contained is inconsistent with any applicable international convention or national law, which cannot be departed from by private contract, the provisions hereof shall to the extent of such inconsistency but no further be null and void.