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1.DEFINITIONS |
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"Carrier" means CHINA SHIPPING CONTAINER LINES.
"Merchant" includes the consignor the shipper, the receiver, the owner of the Goods,
the lawful holder or endorsee of this Bill of Lading, or any other person having
any present or future interest in the Goods or this Bill of Lading, or anyone authorized
to act on behalf of any of the foregoing.
"Vessel", where the context so admits, includes the Vessel named in Box 6 of this
Bill of Lading or any substitute therefor, and any feeder vessel, lighter or barge
used by or on behalf of the Carrier in connection with any sea borne leg of the
carriage.
"Sub-contract" includes owners and operators of vessels (other than the Carrier),
stevedores, terminal, warehouse, depot and groupage operators, road and rail transport
operators and any independent contractor employed by the Carrier in the performance
of their respective servants, agents or Sub-contractors.
"Goods" means the whole or any part of the cargo received from the Merchant, and
includes any container not supplied by or on behalf of the Carrier.
"Package" means each Container which is stuffed and sealed by or on behalf of the
Merchant, and not the items packed in such Container if the number of such items
is not indicated on the front of this Bill of Lading or is indicated by the terms
such as "Said to contain" or similar expressions.
"Shipping unit" means any physical unit of cargo not shied in a package but described
in Bs/L, including machinery, vehicles and boats, except goods shipped in bulk.
"Container" includes any Container, open top trailed, transportable tank, flat rack,
platform, pallet, and any other equipment or device used for or in connection with
the transportation of the Goods.
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2.CARRIER'S TARIFF |
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The terms of the Carrier's applicable Tariff and other requirements regarding charges
are incorporated into this Bill of Lading Particular attention is drawn to the terms
contained therein, including, but not limited to free storage time. Container and
vehicle demurrage, etc. copies of the relevant provisions of the applicable Tariff
are obtainable from the Carrier or his agents upon request. In case of any inconsistency
between this Bill of Lading and the applicable Tariff, the Bill of Lading shall
prevail.
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3.SUB-CONTRCTING, INDEMNITGY AND CERTAIN DEFENSES, EXEMPTIONS AND LIMITATIONS |
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(1)
The Carrier shall have the right at any time and on any terms whatsoever to sub-contract
the whole or any part of the carriage with any Sub-contractor and /or to substitute
any other vessel or means of transport for the Vessel.
(2)
The Merchant undertakes that no claim or legal action whatsoever shall be made or
brought against any person by whom the carriage is performed or undertaken (including
but not limited to the Carrier's servants, agents or Sub-contractors) other than
the whatsoever in connect Carrier, which imposes upon any such person, or any vessels
owned or operated by such person, any liability whatsoever in connection with the
Goods or the carriage thereof whether or not arising out of negligence in the part
of such person. Should any such claim or legal action nevertheless be made or brought,
the Merchant undertakes to indemnity the Carrier against all consequences thereof
including legal expenses in a full indemnity basis. Without prejudice to the foregoing
every such person or vessel, including but not limited to the Carrier's servants,
agents, or Sub-contractors as defined in Clause 1 above, shall have the benefit
of every exemption, defense and limitation herein contained applicable to the Carrier,
in contract or in tort, as if such provision were expressly contracted for its benefit
and in entering into this contract, the Carrier, to the extent of such exemptions,
defenses and limitations, does so not only on its behalf, but also as an agent and
trustee for such person or vessel.
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4.CARRIER'S RESPONSIBILITY |
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(1)
Port to Port Shipment If boxes 6,7 and 8 but not boxes 4,5 and 9 are filled in on
the front of this Bill of Lading is a Port-to Port contract. The Carrier shall be
responsible the Goods as Carrier from the time when the Goods are received by the
Carrier at the Port of Loading until the time of wherever the vessel has been arrived
for delivery thereof at the port of discharge to the Merchant or to the Authority
as required by local laws or regulations, whichever occurs earlier.
(2)
Combined Transport If Box 4. Box 5.and/or Box 9 are filled in on the front of this
Bill of Lading and the place(s) or port(s) indicated therein is/are place(s) or
port(s) other than that indicated in Box 7 and Box 8 and Freight is paid for combined
transport this Bill of Lading is a document which servers as a combined transport
contract. The Carrier undertakes to arrange or procure the pre-carriage and/or on-carriage
segments of the combined transport. All claims arising 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
under the combined transport carriage the Carrier, the Carrier shall be automatically
subrogated to or given all rights of the Merchant against all others including pre-carrier
or on-carrier or Sub-contractor on account of such loss of 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 Sub-contractor for indemnify or otherwise.
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5.NOTICE OF CLAIM AND TIME BAR
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(1)
Unless notice of loss or damage is given in writing to the Carrier or it's agent
at the Port of Discharge or Place of Delivery before or on the date of delivery
of the Goods, or if loss or damage is not apparent, within 15 consecutive days thereafter,
such delivery shall be prima facie evidence of the delivery of the Goods by the
Carrier and/or on-carrier in apparent good order and condition as described in this
Bill of Lading.
(2)
The Carrier, its servants, agents and Sub-contractors shall be discharged from all
liabilities whatsoever unless suit is brought within one year of the Goods from
the date when the Goods should have been delivered.
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6.LOSS OR DAMAGE |
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(1)
The terms 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 as stipulated. 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 whatsoever
and howsoever arising be liable for such loss or damage or loss of profits reasonably.
(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 loss and damage or any 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 5(2) and 7 shall apply.
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7.LIMITATION OF LIABILITY |
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(1)
Except as provided for in Clause 7(2), this Bill of Lading shall be subject to the
provisions of the Maritime Code of the People's Republic of China as provided for
in Clause 26(1) Neither the Carrier, its servants, agents, Sub-contractors nor the
Vessel shall in any event be liable for any loss of or damage to the Goods in any
amount exceeding the limits per package or unit prescribed by that Code, unless
the nature and value of the Goods have been declared by the Merchant before ort
at the taking of shipment and clearly inserted in this Bill of Lading (Box 12) but
subject to that the Merchant has paid additional Freight on such declared nature
and value.
(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 the
united states carriage of Goods buy sea act,1936 (US COGSA) and any amendments thereto,
as provided for in clause 26(2) hereof, in such event neither the Carriers nor its
servants, agents, sub-contracts and/or the vessel shall in any event be liable for
any loss of or damage to the Goods in an amount exceeding the limits per package
or unit prescribed by US COGSA, unless the nature and vale of the Goods have been
declared by the merchant before shipment and inserted in this Bill of Lading (box
12) and the merchant has paid additional freight on such declared value.
(3)
If a legal regime other than the Maritime Code of the People's Republic of China
or US COGSA is compulsorily applied to this Bill of Lading, the liability of the
Carrier, if any, shall not exceed the limits per Package or Shipping Unit prescribed
therein, unless the nature and value of the Goods have been declared by the Merchant
and clearly inserted in this Bill of Lading (box 12) and the Merchant has paid additional
Freight on such declared nature and value.
(4)
For the purpose of this Clause 7 the declared nature and value shall be the basis
for the Carrier to determine the liability of the Carrier any provided that such
declared value shall not be conclusive on the Carrier, and further provided that
such declare nature and value does not exceed the true value of the Goods at destination.
Any partial loss or damage shall be adjusted pro-rate on the basis of such declared
value.
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8.FIRE |
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The Carrier shall not be liable for any loss of or damage to the Goods occurring
at any time, including that before loading or after discharge howsoever by reason
of whatsoever nature of fire, unless such fire is caused by making use of such action
by the actual fault of the Carrier.
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9.CARRIER'S CONTAINERS
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(1)
Goods received in break bulk will be stuffed by the Carrier. in Containers and the
Carrier shall have the right to carry any Containers, whether or not stuffed by
the Carrier on deck or below deck. All such Goods shall participate in General Average.
The terms of this Bill of Lading, including the Maritime Code of the People's Republic
of China and the US COGSA as provided for in Clause 26, shall apply to Containers
carried on deck
(2)
If Carrier's Containers and equipment are used by the Merchant for pre-carriage
or on-carriage or unpacked at the Merchant's premises, the Merchant is responsible
for returning the empty Containers, with interiors brushed, clean and free of smell
to the point or place designated by the Carrier, its servants or agents, within
the time prescribed in the Tariff and/or required by the Carrier. Should a Container
not be returned within the aforesaid time. The Merchant shall be liable for any
detention, demurrage, loss or expenses which may arise from such non-return.
(3)
The Merchant shall be liable for any loss of or damage to Carrier's Containers and
other equipment while in the custody of the Merchant or anyone acting on the Merchants
behalf. The Merchant shall also be liable during such period for any loss of or
damage to the property of others or for any injuries or death and the Merchant shall
indemnify and hole the Carrier harmless against all damages whatsoever nature and
howsoever arise, including, legal expenses, incurred from any and all such claims
arising during such periods.
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10.MERCHANT-STUFFED CONTAINER |
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(1)
If a Container has not been stuffed by or on behalf of the Carrier, the Carrier
shall not be liable for loss of or damage to the Goods and the Merchant shall indemnify
the Carrier against any loss, damage, liability or expense incurred by the Carrier
if such loss, damage, liability or expense has been caused by:
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(a) |
the manner in which the Container has been filled, packed, loaded or stuffed, or
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(b) |
the unsuitability of the Goods for carriage in the Goods for carriage in the Container,
or
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(c) |
the unsuitability or defective condition of the Container, provided that, if the
Container had been supplied by or on behalf of the Carrier, this unsuitability or
defective condition could have been apparent upon inspection by the Merchant at
or prior to the time when the Container was filled, packed, loaded or stuffed.
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(2)
The Merchant shall inspect Containers before stuffing them and the use of a Container
shall be prima facie evidence of its being suitable and without defect.
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11.MERCHANTS DESCRIPTION |
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(1)
The Merchant's description of the Goods stuffed in a sealed Container by the Merchant,
or on his behalf, shall not be binding on the Carrier, and the description declared
by the Merchant on the front of this Bill of Lading is information provided by the
Merchant solely for its own use including but not limited to the use of its freight
forwarder. It is understood by the Merchant that the Carrier has not verified the
contents, weight or measurement of a sealed container, and the Carrier makes no
representation as to the contents of a sealed Container, van, crate or box hereunder,
nor its weight or measurement, nor the value, quantity, quality, description, condition
marks or number of the contents thereof. The Carrier shall be under no responsibility
whatsoever in respect of such description or particulars.
(2)
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 front of this Bill of Lading, such particulars are
included solely at the request of the Merchant for its convenience. The Merchant
agrees that the inclusion of such particulars shall not be regarded as a declaration
of value and shall in no way affect the Carrier's liability under this Bill of Lading.
The Merchant acknowledges that except as provided for in Clause 7 hereof, the value
of the Goods is unknown to Carrier.
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12.MERCHANTS RESPONSIBILITY
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(1)
The parties defined as "Merchant" in clause 1 hereof shall, where applicable, be
jointly and severally liable to the Carrier for the due fulfillment of all obligations
undertaken by any of them under this Bill of Lading.
(2)
The Merchant warrants to the Carrier that the particulars relating to the Goods
as set forth on the front of this Bill of Lading have been checked by the Merchant
on the receipt of this Bill of Lading and that such particulars, and any particulars
furnished by or on behalf of the merchant, are adequate and correct. The merchant
also warrants that the Goods are lawful Goods and are not contraband.
(3)
The merchant shall indemnity the Carrier against all liabilities, costs, losses,
damages, fines, penalties, expenses or other sanctions of a monetary nature arising
or resulting from any breach of the warranties in clause 12(2) hereof or from any
other cause in connection with the Goods for which the Carrier is not responsible.
(4)
The Merchant shall comply with all regulations or requirements of customs, port
and other Authorities, and shall bear and pay all duties, taxes, fines, imposts,
expenses or losses (including the full return Freight for the Goods returned, or
if on-carried, the full Freight from the Port of Discharge or the Place of Delivery
nominated herein to the amended Port of Discharges or the amended Place of Delivery)
incurred and/or sustained by reason of any failure to so comply or by reason of
any illegal, incorrect or insufficient marking numbering or addressing of the Goods,
and shall indemnify the Carrier in respect thereof.
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13.FREIGHT AND CHARGES |
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(1)
All Freight shall be deemed fully, finally and unconditionally earned on receipt
of the Goods by the Carrier and shall be paid and non-returnable in any event whatsoever.
(2)
All Freight and charges shall be paid without any set-off, counter-claim, deduction,
or stay of execution before delivery of the Goods.
(3)
The merchant's attention is drawn to the stipulations concerning currency in which
the Freight is to be paid, rate of exchange, devaluation and other contingencies
concerning the Freight in the applicable Tariff or as agreed otherwise.
(4)
If the Merchant's description of the Goods in this Bill of Lading or in any documents
furnished to the Carrier by or on behalf of the merchant shall prove to have been
inaccurate, incorrect or misleading in any respect, the Merchant shall pay for the
actual damage suffered by the Carrier.
(5)
Payment of Freight and charges to any freight forwarder or broker, or anyone other
than the Carrier or its authorized agent, shall not be considered payment to the
Carrier and shall be made at the Merchant's sole risk.
(6)
The parties defined, as Merchants in clause 1 hereof shall where applicable, be
jointly and severally liable to the Carrier for payment of all Freight, demurrage,
General Average and charges including, but not limited to court costs, expenses
and reasonable attorney's fees incurred in collecting sums due the Carrier, failing
which shall be considered a default by the Merchant in the payment of Freight and
charge.
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14.INSPECTION OF THE GOODS |
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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 any Container or Package at any time and to inspect the Goods. If by order
of the Authorities at any place, a container must be opened for inspection, the
Carrier shall not be liable for any loss or damage incurred as a result of any opening,
unpacking, inspection or repacking The Carrier shall be entitled to recover the
cost of such opening unpacking inspection, and repacking from the Merchant.
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15.CARRIAGE AFFECTED BY CONDITION OF THE GOODS |
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If it appears at anytime that the Goods cannot safely or properly by carried or
carried further, either at all or without incurring any additional expense or taking
any measure(s) in relation to the Goods or the Container, the Carrier may without
notice to the Merchant (but as its agent only) take any measure(s) and/or incur
any additional expense to carry or to continue the carriage thereof, and/or sell
or dispose of the Goods, and/or abandon the carriage and/or store them ashore or
afloat, under cover or in the open, at any place whichever the Carrier in his absolute
discretion considers most appropriate, Which abandonment, storage, sale or disposal
thereof shall be deemed to constitute due delivery under this Bill of Lading. The
Merchant shall indemnify the Carrier against any additional expense so incurred.
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16.LIENS |
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The Carrier shall have a lien on the Goods and any documents relating thereto for
Freight, dead Freight demurrage, detention, and for any expenses incurred by the
Carrier for recomparing, repacking, remarking, fumigation or required disposal of
faulty Goods, for General Average contributions to whomsoever due, for fines, dues,
tolls, land Freight, or commissions paid or advanced by the Carrier on behalf of
the Goods, for any sums including salvage payable to the Carrier under this Bill
of Lading and for legal expenses incurred because of any attachment or other legal
proceedings brought against the Goods by governmental Authorities or any person
claiming an interest in the Goods. The Carrier's lien shall survive discharge or
delivery of the Goods and the Carrier shall gave the right to enforce such lien
by public auction or private sale in its discretion. Should the proceeds of sale
gall to cover the amount due, including expenses incurred, the Carrier shall be
entitled to recover the balance from the Merchant. Should such proceeds exceed the
amount due, the balance shall be returned to the Merchant.
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17.DECK CARGO, ANIMALS AND PLANTS |
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Goods (other than Goods stuffed in Containers) that are stated on the front of this
Bill of Lading as contracted to stowed "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 Carrier shall be bound
to prove that he has fulfilled the special requirements of the Merchant with regard
to the carriage of the live animals and that under that circumstances of the sea
carriage, the loss or damage has occurred due to the special risks inherent therein.
The Merchant shall indemnify the Carrier against all or any extra costs incurred
for any reason whatsoever in connection with the carriage of such live animals or
plants.
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18.METHODS AND ROUTES OF CARRIAGE |
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The Carrier may at any time during the carriage
(1)
Use any means of transport or storage whatsoever;
(2)
Transfer the Goods from one conveyance to another including transshipment or carrying
the same on another Vessel Other than the Vessel named on the front of this Bill
of Lading or by any other means of transport whatsoever.
Anything done in accordance with this Clause or any delay arising therefrom shall
be deemed to be within the scope of the carriage and shall not by a deviation.
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19.MATTERS AFFECTING PRFORMANCE
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If at any time the carriage is or is likely in thought of the Master to be affected
by any hindrance, risk, delay, difficulty or disadvantage of any kind, other than
the inability of the Goods to be safely or properly carried or carried further,
and howsoever arising (even though the circumstances giving rise to such matters
as stated above existed at the time this contract was entered into or the Goods
were received for shipment) the Carrier (whether, or not the carriage is commenced),
may at his sole discretion and without prior notice to the Merchant.
(1)
carry the Goods to the contracted Port of Discharge or Place of Delivery, whichever
is applicable, by an alternative route from that indicated in this Bill of Lading
or from that which is customary for Goods consigned to that Port of Discharge or
Place of Delivery. If the Carrier elects to invoke the terms of this sub Clause,
then, notwithstanding the provisions of Clause 18 hereof, the Carrier shall be entitled
to charge such additional Freight as the Carrier may determine, or
(2)
suspend the carriage of the Goods and store them ashore or afloat upon the terms
of this Bill of Lading and endeavor to forward them as soon as possible, but the
Carrier makes no representation as to the maximum period of suspension. If the Carrier
selects to invoke the terms of this sub-Clause then the Carrier shall be entitled
to the payment of such additional Freight as the Carrier may determine, or
(3)
abandon the carriage of the Goods and place the Goods at the Merchant's disposal
at any port or place where the Carrier may deem sage and convenient, whereupon the
responsibility of the Carrier in respect of such Goods shall entirely cease. The
Carrier shall nevertheless be entitled to full Freight on the Goods received for
shipment, and the Merchant shall pay any additional costs of the carriage to and
delivery and storage at such port or place. Where the Carrier elects to use an alternative
route under Clause 19(1) or to suspend the damage under Clause 19(2) same shall
not prejudice its right subsequently to abandon the carriage.
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20.DANGEROUS GOODS |
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At the time of shipment of Dangerous Goods, the Merchant shall in compliance with
the regulations governing the carriage of such Goods, have the same properly packed,
distinctly marked and labeled and notify the Carrier in writing of their proper
description nature and the precautions to be taken. In case the Merchant fails to
or inaccurately notifies the Carrier, the Carrier may gave such Goods landed, destroyed
or rendered innocuous when and where circumstances so require, without compensation.
The Merchant shall be liable to the Carrier for any loss, damage or expense resulting
from such shipment.
Notwithstanding the Carrier's knowledge of the nature of the Dangerous Goods and
its consent to carry, the Carrier may still have such Goods landed, destroyed or
rendered innocuous, without compensation, when they become an actual danger to the
vessel, the crew and other persons on board or to other goods. However, what mentioned
in this Clause shall not prejudice the contribution in General Average if any.
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21.SPECIAL REFRIGERATED OR HEATED CONTAINERS
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(1)
Unless the Merchant and the Carrier agree in writing before shipment that specially
ventilated or heated Containers will be used to ship the Goods and such agreement
is noted on the front of this Bill of Lading and the Merchant fives proper written
notice to the Carrier of the nature of the Goods and of the particular temperature
range to be maintained and/or special attention required and the Merchant pays the
extra Freight charged under the Carrier's Tariff or as agreed, the Goods shall be
carried in ordinary unventilated Containers.
(2)
In case of a refrigerated Container stuffed by or on behalf of the Merchant, the
Merchant undertakes that its thermostatic, ventilating or any other controls have
been correctly set by the Merchant and that the temperature of the Goods and the
refrigerated Container has been brought to the required temperature level before
stuffing and that the Goods have been properly stowed in the container before the
receipt thereof by the Carrier if these requirements are not fully met the Carrier
shall not be liable for any loss of or damage to the Goods howsoever arising
(3)
If a suggested temperature is noted on the front of this Bill of Lading, the Merchant
shall deliver the Goods to the Carrier at the noted temperature plus or minus 2℃
while the Goods are in its actual possession.
(4)
The Carrier does not warrant that the Container be properly ventilated refrigerated
or heated throughout the carriage, nor shall the Carrier be liable for any loss
of or damage to the Goods arising from any latent defects, any total or partial
failure or breakdown or stoppage of the refrigerating machinery, plant, insulation
and /or any apparatus of the Container, Vessel, conveyance and any other facilities,
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.
(5)
In case of the Merchant's own Container, a set of emergency kit and an operation
manual shall be supplied by the Merchant.
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22.NOTIFICATION AND DELIVERY |
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(1)
Any mention herein of parties to be notified of the arrival of the Goods is solely
for information of the Carrier and failure to give such notification shall not give
rise to any liability on the part of the Carrier or relieve the Merchant of any
obligation hereunder.
(2)
The Merchant shall take delivery of the Goods within the time provided for in the
Carrier's applicable Tariff as required by the Carrier.
(3)
If the Merchant fails to take delivery of the Goods during a reasonable time or
whenever in the opinion of the Carrier the Goods are likely to deteriorate, decay,
become worthless or incur charges whether for storage or otherwise in excess of
their value, the Carrier may, at its discretion, without prejudice to any rights
which he may have against the Merchant without notice and without any responsibility
whatsoever attaching to him, unstuff sell destroy or dispose of the Goods at the
sole risk and expense of the Merchant and apply any proceeds of sale in reduction
of the sums due to the Carrier from the Merchant. The aforesaid unstuffing shall
constitute due delivery hereunder and thereupon all liability whatsoever of the
Carrier in respect of the Goods thereof shall cease.
(4)
Where the Carrier is obliged to hand over the Goods so carried intro the custody
of the port customs of any other Authorities at the Port of Discharge or Place of
Delivery and the Goods are delivered by the same to the Merchant without necessity
of production of this Bill of Lading by the Merchant as required by the local law,
regulation and/or practice, such hand-over shall constitute due delivery to the
Merchant under this Bill of Lading and thereupon the liability of the Carrier in
respect of the Goods shall entirely cease.
(5)
Refusal by the Merchant to take delivery of the Goods in accordance with the terms
of this clause, notwithstanding its having been notified of the availability of
the Goods for delivery, shall constitute an irrevocable waiver by the Merchant to
the Carrier of all and any claims whatsoever relating to the Goods or the Carriage.
The Merchant shall be liable for any losses, damages, expenses and liabilities incurred
and sustained by the Carrier arising from such refusal, including but not limited
to the return of the Goods to their place of origin.
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23.GENERAL AVERAGE AND SALVAGE |
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(1)
General Average shall be adjusted at any port or place at the Carrier's option according
to the York Antwerp Rules 1974,as amended in 1990, and any other amendments thereto.
The Merchant shall give such cash deposit or , other security as the Carrier may
deem sufficient to cover the estimated General Average contribution of the Goods
before delivery.
(2)
In the event of the Master considering that salvage services are needed, the Merchant
agrees that the Master shall act on its behalf to procure such services to Goods
and that the Carrier may act on its behalf to settle salvage remuneration. The Merchant
shall timely and fully provide cash deposit or other security to the salvor without
affecting the schedule of the Vessel after the salvage failing which the Merchant
shall be liable for any losses arising therefrom and sustained by the Carrier.
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24.BOTH-TO-BLAME COLLISION |
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The Both-to-Blame Collision Clause currently published by the Baltic and international
Maritime Conference is deemed to be incorporated into this Bill of Lading.
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25.BOTH-TO-BLAME COLLISION |
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If this Bill of Lading is accepted by a Merchant acting as a non-vessel-operating
common carrier (NVOCC), who has in turn concluded other contracts of carriage with
third parties, the NVOCC hereby warrants that the contracts concluded by him in
respect of the Goods subject to this Bill of Lading shall incorporate the terms
and conditions of this Bill of Lading. The NVOCC further warrants to indemnity the
Carrier, its servants, agents and Sub-contractors against all consequences of his
failure to do so.
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26.LAW AND JURISDICTION |
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(1)
This Bill of Lading is governed by the laws of the People's Republic of China. All
disputes arising under or in connection with this Bill of Lading shall be determined
by the laws of the People's Republic of China and any action against the Carrier
shall be brought before the Shanghai Maritime court or other maritime courts in
the People's Republic of China ,as the case may be.
(2)
Notwithstanding the provision of Clause 26(1), 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 the US COGSA, which shall be deemed
to have been incorporated herein and nothing herein contained shall be deemed a
surrender by the Carrier of any of its rights, immunities exceptions or limitations
or an increase of any of its liabilities under US COGSA.
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27.BOTH-TO-BLAME COLLISION |
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No servant, agent or Sub-contractor of the Carrier shall have the power to waive
or vary any terms of this Bill of Lading unless such waiver or variation is in writing
and is specifically authorized or approved in writing by the Carrier.
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28.BOTH-TO-BLAME COLLISION
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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 consequences of which, the Carrier is not responsible
by statute contract or otherwise, the Goods and the Merchant jointly and severally
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 salving
ship is owned or operated by the Carrier, salvage shall be paid for as fully as
if the salving ship belonged to strangers.
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