Carrier

Carriage

Hague Rules

Hague-Visby Rules

Merchant
Servants or Agents

Goods
Container
Case
Freight
COGSA
USA

means Break-Bulk Ocean Lines Pvt Ltd.

means the whol e or any p art of the oper ations and s ervices
undertaken by the Carrier in respect of the Goods covered by
this Bill of Lading.
means the prov isions of t he Int ernational Conv ention for the
Unification of Certain Rules relating to Bills of Lading signed at
Brussels on 25th Augus t, 192 4 wi thout the amen dments by
the Protocol signed at Brussels on 23rd February, 1968.
means the prov isions of t he Int ernational Conv ention for the
Unification of Certain Rules relating to Bills of Lading signed at
Brussels on 25th August, 1924 and includes the amendments
by the Protocol signed at Brussels on 23rd February, 1968.
includes the Shipper, Consignee, Receiver of the Goods or of
this Bill of Lading, any Per son o wning or entitled to the
possession of the Goods or this Bill of Lading.
includes the Mas ter, Officers and c rew of the v essel, owners,
managers and operators of v essels (othe r tha n the Carrier),
underlying carriers, sub-contractors, stevedores, terminal and
groupage operators, road and rail transport operators and any
independent c ontractors empl oyed by the Carri er i n the
performance of the Carriage.
means the wh ole or any pa rt of the c argo rec eived fr om th e
Shipper and includes any equipment or Container or Case not
supplied by or on behalf of the Carrier.
includes any container, trailer, transportable tank, flat, or any
similar arti cle us ed to c onsolidate goods and any equi pment
thereof or connected thereto.
includes any c ase, c radle, box or a ny s imilar arti cle us ed to
consolidate goods as cargo unit and any equipment thereof or
connected thereto.
includes all charges payable to the Carrier in accordance with
the agreed freight plus any applicable sur charges and this Bill
of Lading.
means the United States Carriage of Goods by Sea Act.
includes the Uni ted States of Am erica and the te rritories
where COGSA is applicable.

S
P

E
C

IM

2. Carriers Surcharges
The terms and conditions of t he Carriers surcharges applicable at th e time the Goods are received for
shipment are incorporated herein. Copies of the appl icable surcharges are obtainable from the Ca rrier or
his agents upon request.
3. Warranty
The Merchant warrants that i n agreeing to the terms and c onditions hereof he i s, or has the authori ty of,
the Person owning or entitled to the possession of the Goods and this Bill of Lading.
4. Sub-Contracting and Indemnity
(1) The Carrier shall be entitled to sub-contract the Carriage.
(2) It i s here by ex pressly agreed t hat no Serv ants o r Agents a re, or s hall be deemed to be l iable wi th
respect to th e Goods as Carrier, bailee or ot herwise. Without prejudice to the for egoing the Servants or
Agents are intended as beneficiaries of all terms and conditions including the jurisdiction clause. If, it shall
be adjudged that a ny other than the Carrier is car rier or bailee of the Goods or under any responsibility
with respect thereto, all exemptions and limitations of and exoneration from liability provided by law or by
the terms hereof shall be av ailable to s uch Servant or Agent. No claim shall be made agai nst any of the
Servants or Age nts in connection with the Car riage an d, if any such claim is made, the Merc hant shall
indemnify the Carrier against all consequences thereof.
(3) T he provisions of Cl ause 4 (2 ) shall ex tend to c laims of whats oever natu re a gainst othe r pa rties
chartering space on the carrying vessel.
5. Carriers Responsibility
(1) Port to Port Shipment
(a) When loss or d amage has occurred between the time of loading of the Goods by the Carrier at the
Port of Loading and the time of discharge by the Carrier at the Port of Discharge, the responsibility of the
Carrier shall be determined in accordance with English law, making the Hague-Visby Rules compulsorily
applicable to bi lls of lading. In the e vent the Bi ll of Ladi ng has been i ssued i n a c ountry i n whi ch the
Hague Rul es ar e c ompulsorily appl icable and thi s Bi ll of Ladi ng c overs a s hipment to s uch afores aid
country or betw een such af oresaid countries, the responsibility of t he Carrier shall be det ermined in
accordance with English law.
(b) The C arrier shall be under no li ability for los s of or damage to the Goods, if such loss or damag e
arises prior to loading on or subsequent to th e discharge from the vessel. Notwithstanding the above, in
the event that the applicable compulsory law provides the c ontrary, the Carrier shall have the benefit of
every right, defence, limitation and liberty in the Hague-Visby Rules or the Hague Rules, even if the loss
or damage did occur prior to loading on or subsequent to the discharge from the vessel. In the event that
the Bill of Lading cove rs a shipment to or from the USA, however, COGSA shall be applicable befo re the
Goods are loaded on and after they are discharged from the vessel.
(c) Unless notice of loss or damage be given in writing to the Carrier or his agent at the Port of Discharge
before or at the time of the removal of the Goods into the custody of the person entitled to delivery thereof
under the c ontract of c arriage, or, i f the l oss or damage i s not apparent, wi thin three (3) day s from th e
time of s uch re moval, s uch removal s hall be pri ma fac ie evidence of t he del ivery by the Carrier as
described in this Bill of Lading and any such loss or damage which may have occurred to the Goods shall
be deemed to be due to cir cumstances which are not t he responsibility of the C arrier. The notice must
clearly specify the damage. Notwithstanding the aforesaid, if a Container or a Case has been delivered to
the Merchant, the Merchant has to prove that the damage to or loss of the Goods has not occurred during
the pe riod a fter the del ivery of the Container o r a Cas e, whe n th e C ontainer or the Case was i n t he
custody of the Merchant.
(d) Compensation shall be c alculated by reference to th e value of the Goods at th e place and the time
they are delivered to the Merchant, or at the place and the time they should have been delivered. For the
purpose of determining the exte nt of the C arriers liability for loss of or damage to the Goods, the sou nd
value of the Goods is agreed to be the invoice value plus freight and insurance if paid.
(e) In the eve nt that this B ill of Ladi ng has been issued in the U SA or in a countr y making the H ague
Rules applicable and this Bill of La ding cover s a sh ipment fr om o r to the U SA C OGSA shall apply.
COGSA shall also be applicable before the Goods are loaded on and after they are discharged from the
vessel.
(2) Multimodal Transport
(a) If the place of damage to or loss of the Goods is known, the responsibility of the Carrier is determined
by the law which applies to this part of the carriage.
(b) In the event that part of the multimodal transport is a shipment to or from the USA and the damage to
or loss of the Goods occurs at the time between the loading at the Port of Loading and the discharging at
the Port of Discharge the responsibility of the Carrier shall be determined in accordance with English law.
COGSA however applies before the Goods are loaded on and after they are discharged from the vessel.
(c) With respect to road Carriage between countries in Europe liability shall be deter mined in accordance
with the Convention on th e Contract for the International Carriage of Goods by Road (CMR), dated May
19, 1956; and du ring rai l Car riage between c ountries i n Europe ac cording to the Uni form Rul es
concerning the Contract of Int ernational Carriage of Goo ds by Rail (CIM Appendix B to COT IF), dated
3rd June 1999 or any amendments to this Convention or Appendix.
(d) Unless notice of loss or damage be given in writing to the Carrier or his agent at the Port of Discharge
before or at the time of the removal of the Goods into the custody of the person entitled to delivery thereof
under the contract of carriage, or, if the loss or damage is not apparent within seven
(7) days, such removal shall be prima facie evidence of the delivery by the Carrier as described in this Bill
of Lading. The notice must clearly specify the damage. Notwithstanding the aforesaid, if a Container has
been delivered to the Merc hant, the Merc hant has to prov e that the da mage to or l oss of the Goods has
not occurred in the period after delivery of t he Container, when the Container was in the c ustody of t he
Merchant.
(e) Co mpensation s hall be c alculated by referenc e to the v alue of the Goods at the ti me they were
delivered to the Carrier for Carriage.
(f) IN SO F AR AS T HE LIABILITY PROVIDED FOR IN CLAUSES 5 ( 2) (a) ( c) IS NOT MANDATORY
AND PROVI DES F OR A HIGHER LIABILITY T HAN 2 SDRs, T HE CA RRIERS MAX IMUM LIABILIT Y
SHALL BE 2 SDRs PER KILO OF THE GROSS WEIGHT OF THE GOODS LOST OR DAMAGED. SDRs
MEANS SPECIAL DRAWING RIGHTS AS DEFINED BY THE INTERNATIONAL MONETARY FUND.
(g) IF T HE ST AGE O F T HE CAR RIAGE DURI NG WH ICH LO SS O R D AMAGE O CCURRED IS NOT
KNOWN, THE CARRIERS MAXIMUM LIABILITY SHALL NOT EXCEED 2 SDRs PER KILO OF GROSS
WEIGHT OF THE GOODS LOST OR DAMAGED.
(h) THE CARRIER SHALL NOT BE ENTITLED TO THE BENEFIT OF THE LIMITATION OF LIABILITY
PROVIDED F OR IN C LAUSE 5 (2) ( f) AN D (g) IF IT IS PROVE N T HAT T HE DAMAGE RESU LTED
FROM AN AC T OR OMISSION OF TH E C ARRIER O R HIS SERVAN TS OR AGENT S DONE WIT H
INTENT T O CAUSE SUCH D AMAGE OR RECKLESSLY A ND WI TH T HE KNOWLEDGE T HAT
DAMAGE WOULD PROBABLY RESULT.
HOWEVER, IF THE LOSS O R DAMAGE HAS OCCURRED DURING THE CARRIAGE OF GOODS BY
SEA T O WHICH MA RITIME LAW APPLIES, T HE CAR RIER IS ENT ITLED T O T HE BENEF IT OF
LIMITATION AS PROVIDE D FOR IN CLAUSE 5 ( f), I.E. MAXIMUM LIABILITY OF 2 SDRs PER KI LO,
EXCEPT WHERE A LAW APPLIE S WHICH M AKES THE HAGUE -VISBY RULES COMP ULSORILY
APPLICABLE AND IT IS PROVEN THAT THE DAMAGE RESULTED FROM AN ACT OR OMISSION OF
THE CARRIER DONE WIT H IN TENT T O CAUSE DAMAGE, O R RECKLESSLY AN D WIT H
KNOWLEDGE THAT DAMAGE WOULD PROBABLY RESULT.
6. Time for Suit
In any event, the Carrier shall be discharged from all liability in respect of loss of or damage to the Goods,
non-delivery, mis-delivery, delay or any other loss or damage connected or related to the Carriage unless
suit is brought wi thin one (1) y ear after delivery of the Goods or the date when the Goods should have
been delivered.
7. Sundry Liability Provisions
(1) Hague Rules/Hague-Visby Rules
In the event that suit is brought in a court other than the court as provided for in Clause 25 and such court
contrary to Clause 25 accepts jurisdiction, then the Hague-Visby Rules are compulsorily applicable, if this
Bill of Lading has been issued in a co untry where the Hague-Visby Rules are compulsorily applicable and

1. Definitions

the Carriers liability shall not exceed 666,67 SDRs per package or unit or 2 SDRs per kilo of gross weight The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the
of the Goods lost or damage d, whichever is higher; if this Bill of Ladi ng has been i ssued in a c ountry in Carrier under this contract and for general average contributions, to whomsoever due.
The Carrier shall also have a lien against the current holder on the Goods and documents relating thereto
which the Hague Rules apply the Carriers liability shall not exceed GBP 100 per package or unit.
for all sums due from him to the Carrier under any other contract.
In any event any lien shall extend to cover the c ost of rec overing the s ums due and for that purpos e the
(2) U.S. Carriage of Goods by Sea Act limitation
Notwithstanding any of the foregoing to the contrary, in the event that suit is brought in a court in the USA Carrier shall have the right to sell the Goods by public auction or private sale.
and such court, contrary to the mandatory jurisdictional provisions of Clause 25, accepts jurisdiction, then 16. Optional Stowage and Deck Cargo
COGSA shall be compulsorily applicable to this contract of carriage if this Bill of Lading covers a shipment (1) T he Goods may be pac ked by the Carrier i n Con tainers and c onsolidated wi th o ther goo ds i n
to or from the USA. The provisions set forth in COGSA shall also govern before the Goods are loaded on Containers.
and afte r th ey are discharged from the vessel. The C arriers maximum liability in r espect to the Goods (2) Goods, whether or not packed in Containers, may be carried on deck or under deck without notice to
shall not exceed USD 500 per package or, where the Goods are not shipped in packages, USD 500 per the Merchant.
customary freight unit unless the nature and value of the Goods has been declared by the Merchant and (3) Goods on deck are shipped at shippers risk.
inserted in writing on the fac e of the Bi ll of Ladi ng and s aid Merchant shall have paid the appl icable ad (4) In the event th at t he Bill of Lading has been iss ued in the U SA a nd this Bil l of Lading cover s a
shipment from or to t he USA or, if this Bill of Ladi ng is ot herwise subject to COGSA, then COGSA shall
valorem freight rate as agreed with the Carrier.
apply to such deck carriage.
(3) Shippers declared value
The Merchant agrees and acknowledges that the Carrier has no knowledge of the value of the Goods and (5) All such Goods whether carried on deck or under deck, shall participate in general average.
that higher compensation than th at provided for he rein, may not be c laimed unless the nature an d value 17. Methods and Routes of Carriage
of s uch Goods hav e been dec lared by the Merc hant befo re s hipment, agreed to by the Ca rrier and (1) The Carrier may at any time and without notice to the Merchant:
(a) use any means of carriage whatsoever,
inserted into the Bill of Lading and the applicable ad valorem freight rate as agreed with the Carriers paid.
(b) transfer the Goods from one conveyance to another, including but not limited
Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. If the declared
to transshipping or carrying them on another vessel than that named on the face
value is higher than t he actual value, the Ca rrier shall in no ev ent be liable to pay compensation higher
hereof,
than the net invoice value of the Goods plus freight and insurance.
(c) unpack and remove Goods which have been packed into a Container and
The r eference on th e face of t he Bill of Lading to letter s of cr edit, impor t licenses, sales contr acts,
forward them in a Container or otherwise,
invoices or orde r num ber and/or de tails of any c ontract to which the Carrier i s not a pa rty does n ot
(d) proceed by any route in his discretion (whether or not the nearest or most
constitute a declaration of value.
direct or customary or advertised route), at any speed, and proceed to or stay at
(4) London Limitation Convention
any place or port whatsoever, once or more often and in any order,
It is her eby agreed by t he Merchant, that the Carrier qualifies as a person entitled to limit liability under
(e) load or unload the Goods at any place or port (whether or not such port is
any applicable Convention or Act concerning the limitation of liability on maritime claims. The Carrier may
named overleaf as the Port of Loading or Port of Discharge) and store the
be the s hipowner, c harterer (i ncluding a s lot-charterer), mana ger o r operato r of the s hip, or s alvor
Goods temporarily at any place or port whatsoever, once or more often and in
rendering s ervices c onnected wi th s alvage opera tions. If any c laims are made agai nst th e Serv ants o r
any
order,
Agents, they shall be entitled to rely on the same limitation available to the Carrier.
(f) comply with any orders or recommendations given by any government or
(5) Delay
authority, or any person acting or purporting to act as or on behalf of such
(1) Unless ex pressly agre ed, th e Ca rrier does not unde rtake t hat th e Go ods s hall arri ve at the Po rt o f
government or authority, or having under the terms of any insurance on any
Discharge o r Pl ace o f Del ivery at a ny parti cular ti me o r to meet any p articular ma rket o r us e, and the
conveyance employed by the carrier the right to give orders or directions,
Carrier s hall not b e l iable for di rect, i ndirect or c onsequential l oss or d amage c aused by del ay unl ess
(g) permit the vessel to proceed, to tow or be towed, or to be drydocked.
these are c aused by intent of the Carri er. If not withstanding the for egoing the Carri er is held responsible
for the consequences of any delay, t he Carriers liability is l imited to an a mount equal to three times t he (2) Anything done in accordance with Clause 17 (1) or any delay arising therefrom shall be deemed to be
within the contractual Carriage and shall not be a deviation.
Freight under the Contract of Carriage.
(2) In s o far as da tes a re ex pressly agre ed u pon between t he M erchant and the Carrier, s uch ag reed 18. Matters Affecting Performance
dates are made on the bas is that no unforeseen circumstances occur and are further subject to all going If at any ti me the C arriage i s or i s l ikely to be affec ted by any hi ndrance, risk, del ay, di fficulty or
disadvantage of any kind (including war, c ivil commotion, political unrest, acts of terrori sm, piracy and/or
well and weather permitting.
threats thereof and even though the circumstances giving rise to s uch hindrance, risk, delay, difficulty or
(6) Scope of Application and Exclusions
(a) The rights, defenses, limitations and liberties of whats oever nature provided for i n this Bill of Ladi ng disadvantage ex isted at the ti me thi s c ontract was entered i nto or whe n the Goods were rec eived fo r
shall appl y in any ac tion agai nst th e Carri er for l oss or damage or de lay, hows oever oc curring and Carriage), th e Car rier ( whether o r not the Ca rriage i s c ommenced) m ay, wi thout pri or n otice to the
Merchant and at the sole discretion of the Carrier, either:
whether the action be founded in contract or in tort.
(b) Sav e as oth erwise prov ided he rein, the Ca rrier s hall i n no c ircumstances be l iable for i ndirect or (a) carry the Goods to the c ontracted Port of Di scharge or Place of Del ivery, whichever is applicable, by
an alternative route to that i ndicated in this Bill of Ladi ng or that whi ch is usual for Goods consigned to
consequential loss or damage or direct or indirect loss of profits.
(c) The Merchant shall indemnify the Carri er for any customs liabilities even if caused by the l oss of the that Port o f Di scharge or Pl ace of Delivery and he s hall be enti tled to c harge ad ditional reas onable
Freight calculated on the basis of the originally agreed freight; or
Goods.
(d) T he Merchant shall al so indemnify the Ca rrier if the Carrier is sued i n tort by any pa rty not entitled (b) suspend the Carriage of the Goods and store them ashore or afloat and endeavour to forward them as
under t his Bill of Lading in r egard o f a car go claim for w hich h e w ould be able to limit or exclude his soon as possible and he s hall be entitled to charge such additional Freight calculated on the bas is of the
liability under this Bill of Lading vis- -vis the Me rchant f or any amou nt which may be awarded to b e originally agreed freight; or
(c) abandon the Carriage of the Go ods and pl ace them at the Merchants disposal at any place or port
payable by the Carrier to such party not entitled under this Bill of Lading.
which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect
8. Shipper-Packed Containers and/or Cases
of such Goods shall cease. The Merchant shall pay any additional costs of the Ca rriage to, and delivery
If a Container and/or a Case has not been packed by or on behalf of the Carrier:
and storage at, such place or port.
(1) the Carrier shall not be liable for loss of or damage to the Goods caused by:
19. Dangerous Goods
(a) the manner in which the Container and/or a Case has been packed, or
(1) No Go ods whi ch a re or m ay b ecome dan gerous, i nflammable or damaging (including r adioactive
(b) the unsuitability of the Goods for Carriage in the Container and/or a
materials), or which are or may become liable to damag e any property whatsoever, shall be te ndered to
Case supplied, or
the Carrier for Carriage without his express consent in writing, and without the Container as well as the
(
c) the unsuitability or defective condition of the Container and/or of the Case
Goods themselves being distinctly marked on the outs ide so as to i ndicate the nature and c haracter of
or the incorrect setting of any refrigeration controls thereof, provided that, if
any such Goods and s o as to c omply with any applicable laws, regulations or requi rements. If any such
the Container and/or the Case has been supplied by or on behalf of the
Goods are delivered to the Carrier without such written consent and/or marking, or if in the opinion of the
Carrier, this unsuitability or defective condition would have been apparent
Carrier the Goods are or are likely to become of a dangerous, inflammable or damaging nature, they may
upon inspection by the Merchant at or prior to the time when the Container
at any ti me be des troyed, di sposed of, aband oned, o r re ndered ha rmless wi thout c ompensation t o the
and/or the Case was packed, or
Merchant.
(d) packing refrigerated Goods which are not at the correct temperature for
(2) The Merchant undertakes that such Goods are packed in a manner adequate to withstand the risks of
Car
riage.
(2) The Merchant shall indemnify the Carrier against any loss, damage, liability or expense caused by one Carriage hav ing regard t o thei r nat ure an d i n c ompliance with al l l aws or re gulations whi ch m ay be
applicable during the Carriage.
or more matters referred to in Clause 8 (1).
(3) In regard to refrigerated Go ods, the c arrying te mperature n eeds t o b e des ignated i n writing by the (3) Whether or not the Merchant was aware of the nature of the Goods, the Merchant shall indemnify the
Merchant in this Bill of Lading. In regard of Merchants own Containers for refrigerated Goods, the Carrier Carrier against all claims, losses, damages or ex penses arising in consequence of the Ca rriage of s uch
shall onl y be obl iged to c ontrol that the c arrying tempe rature i s s et at the des ignated c arrying Goods.
temperature. The term apparent good order and condition when used in this Bill of Lading with reference (4) Nothing contained in this Clause shall deprive the Carrier of any of his rights provided for elsewhere.
to the Goods which require refrigeration does not mean that the Goo ds when rec eived were verified by 20. Iron and Steel
the Carrier as being at the designated carrying temperature. Under no circumstances shall the Carrier be The Car rier i s not r esponsible for c orrect del ivery an d al l ex penses i ncurred a t po rt of di scharge
responsible for or re quired to c arry out repai rs to ref rigeration uni ts of Merc hant own C ontainers. T he consequent upon insufficient securing, lashing or marking will be payable by consignee unless
Merchant s hall i n any c ase rem ain responsible fo r the c onsequences o f any tem perature i rregularities (b) Every piece is distinctly and permanently marked with oil paint.
(c) Every bundle is securely fastened, distinctly and permanently marked with oil paint and metal tagged,
prior to receipt or after delivery by the Carrier.
(4) Containers with Goods packed by the Merc hant shall be s upplied with an i ntact high security seal by so that each piece or bundle can be distinguished at port of discharge.
(d) Any s tatement hereon th at i ron, s teel or met al Goods of any description hav e bee n s hipped i n
the Merchant, and the seal number noted in writing on this Bill of Lading by the Merchant.
apparent good order and c ondition does not i nvolve any admission by the Carrier as to the absence of
9. Inspection of Goods
The Carrier or any Person to whom the Carrier has sub-contracted the Carriage or any person authorized rust, or fres h wat er dama ge, or det erioration bet ween ti n pl ates, gal vanised i ron or metal s heets, for
by the C arrier shall be entitled, but under no obligation, to open any Container, Case or package at any which the Carrier accepts no responsibility.
time and to inspect the Goods. If, by Order of the authorities at any place, a Container or Case has to be 21. Notification and Delivery
opened for the Goods to be inspecte d, the Carrier will not be liable for any loss or damage incurred as a (1) Any failure to notify of the arrival of the Goods shall not involve the Carrier in any liability nor relieve
result of such ope ning, u npacking, i nspection or re packing. The Carrier shall be enti tled to recover the the Merchant of any obligation hereunder.
(2) The Merchant shall take delivery of the Go ods within the time agreed, i.e. directly as fast as vessel
costs of such opening, unpacking, inspection and repacking from the Merchant.
can del iver or i ndirectly v ia the t erminal ac cording to the rules of s uch termi nal, whi chever may be
10. Carriage Affected by Condition of Goods
If it appears at any time that, due to their condition, the Goods cannot safely or properly be carried further applicable. If the Merchant fails to do so, the Carrier shall be entitled, without notice, to unpack the Goods
or without incurring additional expense or taking any measure(s) in relation to the Container or the Goods, if packed in Containers and/or to s tore the Go ods ashore, afloat, in the open or under cover, at the s ole
the Carrier may without notice to the Merchant as agent or in his own name take any measure(s) and/or risk of the Merchant. Such sto rage shall constitute due delivery hereunder, and thereupon the liability of
incur any addi tional ex pense to c arry or to c ontinue the Ca rriage th ereof, and/or s ell or di spose of the the Carrier in respect of the Goods stored as aforesaid shall wholly cease, and the costs of such storage
Goods, and/or aba ndon the Ca rriage and/or s tore them ashore or afl oat, under c over or i n the open, a t as well as any applicable detention and demurrage charges (if paid or payable by the Carrier or any agent
any pl ace, whi chever the Car rier, i n hi s abs olute di scretion, c onsiders mos t appr opriate, w hich or sub-contractor of the Carrier) shall be paid by the Merchant to the Carrier.
abandonment, sto rage, sale o r disp osal shall be deem ed to constitute due deliver y unde r this Bill of (3) If the Me rchant fails to tak e delivery of the Goods within thirty days of del ivery becoming due under
Clause 21 ( 2), or if in the opi nion the Carrier they are l ikely to dete riorate, decay, become worthless or
Lading. The Merchant shall indemnify the Carrier against any additional expense so incurred.
incur charges whether for storage or otherwise in excess of their value, the Carrier may, without prejudice
11. Description of the Goods
The Shi pper wa rrants to the Car rier that the parti culars r elating to the Goods as s et out ov erleaf hav e to any other rights which he may have against the Merchant, sell, destroy or di spose of the Goods and
been checked by th e Shippe r on receipt of this Bill of Ladi ng and th at such par ticulars, and any oth er apply any proceeds of s ale in reduction of the s ums due to th e Carrier from the Me rchant in respect of
particulars furnished by or on behalf of the Shipper, are adequate and correct. The Shipper also warrants this Bill of Lading.
(4) Without prejudice to an earlier termination by virtue of law or any other clause of this Bill of Lading the
that the Goods are lawful Goods and contain no contraband.
responsibility of the C arrier shall cea se and the Goods shall be consider ed to be delivered at their own
12. Merchants Responsibility
(1) All the persons coming within the definition of Merchant in Clause 1 shall be jointly and severally liable risk and expense in every respect when taken into the custody of customs or other authorities.
to the C arrier f or th e due fulfillment of all obligations under taken by th e Merchant in this Bill of Lading 22. General Average & Salvage
and/or required by law.
General average to be adj usted in any c urrency at any p lace selected by the C arrier
(2) T he Merc hant s hall i ndemnify the Carri er agai nst al l l oss, damage, fi nes and ex penses, ari sing or
resulting from any breach of obligations and/or warranties of the Merchant or of any clause in connection and according to the York/Antwerp Rules 1974 as amended in 1990 and 1994. Any
period of time bar shall start to run fro m the date of the general average adjustment.
with the Goods for which the Carrier is not responsible.
(3) T he M erchant s hall c omply with al l re gulations o r requirements o f c ustoms, p orts and/or other Any claims and/or disputes relating to general average shall exclusively be subject to
authorities and shall bear and pay all duties, taxes, fines, imposts, expenses or losses (including, without the laws and jurisdiction set out in Clause 25.
prejudice to the gene rality of the for egoing, F reight for any addi tional c arriage und ertaken) i ncurred or
The Merchant shall give such cash deposit or other security as the Carrier may deem
suffered by re ason of any fai lure t o s o c omply, or by reas on of any illegal, i ncorrect, or i nsufficient
marking, number or addressing of the Goods or the discovery of any drugs, narcotics, stowaways or other sufficient to co ver the est imated general a verage c ontribution of the Good s before
illegal substances within Containers or Cas es packed by the Me rchant or inside Goods supplied by the delivery of the Goods.
Merchant, or stamp duty imposed by any country, and shall indemnify the Carrier in respect thereof.
23. Both-to-Blame Collision
(4) If C ontainers supplied by or on behalf of the Carrier ar e un packed at the Merchants pr emises, th e The Both-to-Blame Collision clause published by the Baltic and International Maritime
Merchant is responsible for returning the empty Containers, with interiors brushed and clean, to the point
or place designated by the Carrier, his Servants or Agents, within the time prescribed. Should a Container Council a nd obta inable from the C arrier or his a gents upon reque st is hereby
not be r eturned wi thin t he ti me p rescribed, the M erchant s hall be l iable for any de tention, l oss or incorporated into this Bill of Lading.
expenses which may arise from such failure to return.
24. Validity
13. ISPS Code
In the event that an ything herein contained is in consistent w ith any app licable
(1) The Merchant must comply with the requirements of the ISPS Code. If the Carrier is held liable by any
international con vention or n ational law w hich ca nnot b e departed fr om b y pri vate
State Auth ority or any oth er t hird party beca use of a vi olation of the ISPS Cod e by Me rchant, th e
Merchant will indemnify and hold the Carrier harmless from any damages and/or consequences resulting contract, the provisions hereof shall to the extent of such inconsistency but not further
be null and void.
therefrom.
(2) T he Me rchant u ndertakes to pa y the Car rier any c osts or ex penses whats oever a rising out of o r Unless otherwise specifically agreed in writing between the Merchant and the Carrier,
related to secur ity r egulations or m easures r equired by the por t fac ility or any r elevant author ity in the Term s and C onditions o f this B ill of La ding supersede any prior agreements
accordance with the ISPS Code in relation to the Merchants Goods.
(3) T he C arrier is entitled to dev iate the v essel to a di fferent port a nd to unload the Goods t here if th e between Merchant and Carrier.
authorities in the por t of dischar ge have increased its le vel of secur ity according to the ISPS Cod e after 25. Law and Jurisdiction
the Goods have been loaded.
(a) Except as otherwise provided specifically herein any claim or dispute arising under
(4) The Merchant undertakes to c ompensate any costs and ex penses and loss and damage s uffered by this Bil l of Ladi ng sha ll be g overned b y Engli sh law an d determi ned in th e Londo n
the Carrier because of a delay of the vessel resulting from a violation of the ISPS Code by the Merchant.
courts to the exclusion of the jurisdiction of the courts of any other place.
14. Freight
(1) Freight shall be deemed fully earned on receipt of the Goods by the Carrier and shall be paid and non- (b) In case th e Carrier intends to sue the Mer chant the C arrier has also the option to
file a suit at the Merchants place of business. In the event this clause is inapplicable
returnable in any event.
(2) Payment of the F reight is to be made i n accordance with the applicable agreement, in particular with under local law then jurisdiction and choice of law shall lie in either the Port of Loading
respect to the c urrency i n whi ch the F reight i s to be pai d, rate of ex change, dev aluation a nd othe r or Port of Discharge at Carriers option.
contingencies relative to Freight.
(3) Freight has been calculated on the basis of particulars furnished by or on behalf of the Shipper. If the (c) With regard to contracts of carria ge concluded in France, or en tered into w ith a
particulars fu rnished by o r o n be half of t he Shi pper are i ncorrect, i t i s a greed that l iquidated dama ges French port, th e court w here the carrier ha s his principle place of bu siness shall be
shall be pay able to the Carrier, t o be c alculated on the basis of the originally agreed f reight pl us a also competent in cas e of APPEAL O N G UARANTEE or PLURALITE DE
surcharge of 10 % of this amount.
DEFENDEURS or C ONNEXITE and th e c arrier and the merchant e xpressly
(4) Al l F reight s hall be p aid wi thout any s et-off or c ounterclaim unl ess the c laim i s not i n di spute or
derogate from articles 100 to 107, 323, 331 to 333, 336 and 337 FRENCH NOUVEAU
confirmed by final court decision.
(5) If the Merchant fails to pay the F reight when due, he s hall be l iable for all costs and c onsequences CODE DE PROCEDURE CIVILE.
arising out of delay, in particular interest which accrue until payment.
15. Lien

Bill of Lading
Terms and Conditions