Carrier -- means the party on whose behalf this Non-Negotiable Bill of Lading has been issued as indicated on the face hereof.
Holder --means any person for the time being in possession of this Nonnegotiable Bill of Lading to whom the property in the Goods has passed upon or by reason of the consignment of the Goods or the endorsement of this Nonnegotiable Bill of Lading or otherwise.
Merchant --includes the Consignor, Shipper, Holder, Consignee, the receiver of the Goods, any person including any Corporation, Company or other legal entity owning or entitled to the possession of the Goods or this Nonnegotiable Bill of Lading any anyone acting on behalf of any such person.
Container --includes any container, trailer, transportable tank, flat or pallet or any similar article used for the transportation of goods.
Goods --means the cargo enumerated on the face hereof accepted from the shipper whether packed in Containers or not and includes any Container not supplied by or on behalf of the carrier.
Carriage --means the whole of the operations and services undertaken by the Carrier in respect of the goods.
Dangerous Goods --includes any goods classified or described as dangerous in the Dangerous Goods code issued by the inter-Governmental Maritime Organization ("the IMO CODE") or in the applicable Tariff and any goods that may present or be likely to present any hazard to the conveyance in which they are carried or to other goods or property or to any person.
Vessel --includes vessel, ship, craft, lighter or other means of transport, which is or shall be substituted, in whole or in part, for the vessel named on the face hereof.
Subcontractor -- shall include direct and indirect subcontractors and their respective servants and agents, including but not limited to vessel operators, terminals, warehousemen and motor truck carriers and rail carriers that transport the goods identified on the face of this bill of lading.
Nonnegotiable Bill of Lading -- means that this Bill of Lading is not a document of title, unless the word.
TO ORDER -- appears in the consignee box on the face hereof.
CARRIER'S TARIFF & TERMS & CONDITIONS OF SERVICE
The terms of the Carrier's applicable Tariff and Terms & Conditions of Service are incorporated by reference herein. Copies of the relevant provisions of the applicable Tariff and Terms & Conditions of
Service are obtainable from the Carrier or his agents upon request in case inconsistency between this Nonnegotiable Bill of Lading and the applicable Tariff and Terms & Conditions of Service this Bill of Lading shall prevail, except as otherwise required by law.
The Merchant warrants that in agreeing to the terms hereof he is, or has the authority of the person owning or entitled to the possession of the Goods and this Nonnegotiable Bill of Lading.
SUBCONTRACTING AND CONSOLIDATION
The Carrier shall be entitled to subcontract on any terms the whole or any part of the Carriage.
The Carrier shall be entitled to consolidate the Goods with other cargo and to procure the performance of the whole or any part of the Carriage by contracting with any person or any terms for the movement of a consolidated shipment that includes the whole or any part of the Goods. The merchant agrees that at the election of the Carrier, the Carrier shall be entitled to all of the rights, defenses, limitations and exemptions from liability contained in any bill of lading issued by any Subcontractor.
The Merchant undertakes that no claim or allegation shall be made against any servant or agent of the Carrier nor against any person by whom the Carriage or any part of the Carriage is procured, performed or undertaken (other than the Carrier) which imposes or attempts to impose upon any such servant or agent or any such person 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 on the part of any such servant or agent while acting in the course of or in connection with his employment or on the part of any such person and if any such claim or allegation should nevertheless be made to indemnify the Carrier against all consequences thereof. Without prejudice to the foregoing every such servant or agent and every person as aforesaid (including, but not limited to warehousemen and motor truck carriers) 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 and trustee for his servants and agents from time to time and for such persons who shall to this extent be or be deemed to be parties to this contract.
CLAUSE PARAMOUNT AND RESPONSIBILITY OF CARRIER
Clause Paramount - as far as this Nonnegotiable Bill of Lading covers the carriage of Goods by water either by the Carrier or any Underlying Carrier, the contract evidenced in this Nonnegotiable Bill of Lading shall have effect subject to the Hague Rules contained in the International Convention for the Unification of Certain Rules Relating to Nonnegotiable Bills of Lading dated Brussels the 25th August, 1924, if and as enacted in the country of shipment and any legislation making those Rules compulsorily applicable to the Nonnegotiable Bill of Lading including the Carriage of Goods by Sea Act ("COGSA") of the United States of America approved 16th April, 1936, which act shall be deemed incorporated herein and made a part of this Nonnegotiable Bill of Lading Contract and nothing herein contained shall be deemed a surrender by the Carrier of any of its rights and immunities or an increase of any of its responsibilities under said Act. The provisions cited in said Act shall (except as may be otherwise specifically provide herein) also govern before the Goods are loaded on and after they are discharged from the ship provided, however, that the Goods at said times are in the actual custody of the Carrier or an Underlying Carrier by water. When no such enactment is in force in the country of shipment, the said Convention will apply. If any terms of this Nonnegotiable Bill of Lading be repugnant to such statute, law, ordinance or rules of the Hague Rules, as the case may be, to any extent, such term shall be void to that extent, but not further. The Carrier shall not be liable in any capacity whatsoever for any delay, non-delivery or mis-delivery, or loss of or damage to the Goods howsoever caused occurring while the Goods are not in the actual custody of the Carrier or at any time prior to receipt by the Carrier at the sea terminal at the port of loading or after they are delivered or dispatched to an Underlying Carrier from the sea terminal at the port of discharge.
Responsibility for Port-to-Port Shipments. Where loss or damage has occurred between the time of receipt of the Goods by the Carrier at the port of loading and the time of delivery by the Carrier at the port of discharge, or during any prior or subsequent period of carriage by water, the liability of the Carrier shall be determined in accordance with the appropriate Hague Rules legislation as provided in the provisions of Clause 5(a) above of this Nonnegotiable Bill of Lading.
(c) Responsibility for Through Transportation. Where the place of receipt or place of delivery as set forth herein are inland points beyond the compulsory application of COGSA "tackle to tackle," the responsibility of the Carrier with respect to the Through Transportation of the Goods shall be as follows:
Release value / limitations on liability: Subject to 5.0(a) above and in consideration of the level or rates offered, the Merchant agrees to a Waiver of Carmack Amendment liability pursuant to 49 U.S.C. ' 14101 and 49 U.S.C. ' 14706, if applicable. The Merchant agrees that the following limit of liability is reasonable under the circumstance surrounding the transportation. The Merchant agrees that the Carrier will only be liable for loss or damage resulting from the Carrier's negligence or fault and that the Carrier's liability is limited to the lesser of: (i) the amount of damages sustained;
U.S. $0.50 release value per pound (where no value is declared) multiplied by the number of pounds that are actually lost or damaged (but not less than US $50.00 per shipment); or
the declared value in case of loss or damage of the entire shipment. In the event of loss or damage of part of a declared value shipment the average declared value of the shipment shall be determined by dividing the total declared value of the shipment by the total weight of the good(s). The average declared value per pound of the good(s) shall be multiplied by the number of pounds of that part of the good(s) lost or damaged to determine the value of the good(s) lost or damaged.
Unknown Liability. When it cannot be established in whose custody the Goods were when the loss or damage occurred, it shall be conclusively presumed to have occurred during sea carriage and any liability therefore shall be governed as provided in 5(a) above.
Subrogation-- When the Carrier pays any claims to Merchant, the Carrier shall automatically be subrogated to all rights of the Merchant against all others, including Subcontractors and Underlying Carrier's, on account of such loss or damage.
Liabilities Not Assumed:
We will not be liable for your acts or omissions, including, but not limited to, improper or insufficient packing, securing, marking or addressing; violation of any terms of this agreement; loss or damage to materials not acceptable for transport or prohibited items; loss, damage or delay caused by events we cannot control, including, but not limited to, Act of God, Perils of the Sea, weather or mechanical delay, Acts of Public enemies, war, strikes, civil commotion or Acts of public authorities with actual or apparent authority.
We will not be liable in any event for any special, incidental, punitive or consequential damages including, but not limited to loss of profits, income, utility, interest or loss of market, whether or not we had knowledge that such damage might be incurred.
We will not be liable in any event for any loss or damage caused by hijacking or assailing thieves. The Merchant agrees to accept and assume the risk of loss for cargoes stolen by assailing thieves or hijacking.
NOTICE OF LOSS AND SUBMISSION OF CLAIMS--Subject to any provision herein to the contrary unless notice of loss of or damage to the Goods and the general nature of it be given in writing to the Carrier or its agent before or at the time of the removal of the Goods into the custody of the person entitled to delivery thereof under this Nonnegotiable Bill of Lading or, if the loss or damage be not then apparent, within 3 consecutive days thereafter, such removal shall be prima facie evidence of the delivery in good condition by the Carrier of the Goods. The Merchant shall comply with all time limitations concerning the submission of claims for loss or damage to the goods which may be applicable where the liability of the Carrier is determined other than by the legislation or rules referred in Clause 5 hereof.
TIME BAR--Subject to any provision herein to the contrary, the Carrier shall be discharged of all liability unless suit is brought in cases where the liability of the Carrier is determined by the legislation or rules referred to in Clause 5 hereof within twelve months, and in all other cases within the time permitted by the law or provisions applicable pursuant to this Nonnegotiable Bill of Lading, after delivery of the Goods or the date when the Goods should have been delivered which in the case of total loss shall in the absence of evidence to the contrary be deemed to be a date two calendar months after the Goods have been received for the Carriage.
COMPENSATION--Without prejudice to the right of the Carrier to limit its liability under the provisions of the legislation or rules and provisions applicable pursuant to Clause 5 hereof, when the Carrier is liable for compensation in respect of loss or damage to the goods such compensation shall be calculated by reference to the invoice value of the Goods, plus freight charges and insurance if paid. Carrier shall not be responsible for lost profit, special or consequential damages
Higher compensation for loss or damage to the Goods than the limit permitted by the legislation or rules and provisions applicable pursuant to Clause 5 hereof (such limit in circumstances where the United States Carriage of Goods by Sea Act 1936 applies being $500 per package lawful money of the United States, or in the case of goods not shipped in packages, per customer freight unit) may be claimed only when the value of the Goods, declared in writing by the shipper before shipment has been stated on the face of this Nonnegotiable Bill of Lading and extra freight paid as required by the applicable tariff in that case the amount of the declared value or the actual value (as established under Clause 6.3 hereof) if less than the declared value shall be substituted for such limit. Any partial loss or damage shall be adjusted pro rata on the basis of such declared or actual value.
The Merchant agrees and acknowledges that unless such a declaration is made the Carrier has not knowledge and can have no means of knowledge of the value of the Goods.
The Carrier shall not be responsible in any event for loss of or damage to or in connection with the Goods if the nature or value thereof has been knowingly misstated by the Merchant. The proper measure of damages for cargo lost or damaged shall be cost of replacement, adjusted and settled on the basis of the net invoice value of the cargo actually lost or damaged. The value shall not include mark up or lost profits.
DELAY--The Carrier does not undertake that the Goods shall arrive at the Port of Discharge and Transshipment Destination or Place of Delivery at any particular time or to meet any particular market or use and Carrier shall not be liable for any direct, indirect or consequential loss or damage caused by delay provided however that if this exemption from liability shall be invalid under the applicable law, the provisions of Clause 6.3 hereof shall apply with respect to any liability the Carrier may have for the consequences of delay.
LIMITATION--Whenever the Hague Rules or COGSA are applicable otherwise than by National law in determining liability of the Carrier, that liability shall in no event exceed $500.00 per package or unit.
FIRE--The Carrier shall not be liable for any loss or damage to the Goods arising or resulting from fire occurring at any time unless caused by the actual fault or privity of the Carrier or of any servant, agent, or subcontractor of the Carrier or of any person with whom the Carrier has contracted pursuant to Clause 4 hereof.
GENERAL--Save as otherwise provided herein, the Carrier shall in no circumstances be liable for direct or indirect or consequential loss or damage and the defenses and limits of liability provided for herein shall apply in action against the Carrier whether it be founded on contract or in tort.
SHIPPER PACKED CONTAINERS
If a Container has not been packed or filled by or on behalf of the Carrier
The Carrier shall not be liable for loss of or damage to the contents 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
the manner in which the Container has been packed or filled; or
the unsuitability of the Goods for carriage in Containers; or
the unsuitability or defective condition of any Container supplied by or on behalf of the Carrier,
arising without any want of due diligence on the part of the Carrier to make the container reasonably fit for the purpose for which it is required, and
which would have been apparent on a reasonable inspection by the Merchant at or prior to the time when the Container was packed, or filled; or
the unsuitability or defective condition of any Container not supplied by or on behalf of the Carrier and,
The container shall be a package for the purpose of determining the Owner's liability under Clause 6.4 of this Nonnegotiable Bill of Lading, any enumeration of the contents of the Container being solely for the convenience of the Merchant in describing the Good said to be packed therein.
INSPECTION OF GOODS
The Carrier shall be entitled, but under no obligation, to open any Package or Container at any time and to inspect the contents. If it thereupon appears that the contents or any part thereof cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measures in relation to such Package or Container or its contents or any part thereof, the Carrier may abandon the transportation thereof and/or take any measures and/or incur any reasonable additional expense to carry or to continue the carriage or to store the same ashore or afloat under cover or in the open, at any place, which storage shall be deemed to constitute due delivery under this Nonnegotiable Bill of Lading. The Merchant shall indemnify the Carrier against any reasonable additional expense so incurred.
The Carrier in exercising the liberties contained in this clause shall not be under any obligation to take any particular measures and the Carrier shall not be liable for any loss, damage or delay howsoever arising from any action or lack of action under this clause.
DESCRIPTION OF GOODS
Any statements on this Nonnegotiable Bill of Lading relating to marks and numbers, number and kind of packages, description, quantity, quality, weight, measure, nature, kind, value or other particulars of the contents of such Containers are as furnished by the Merchant and are unknown to the Carrier and the Carrier accepts no liability in respect thereof. The acknowledgment of the Carrier is confined to the number and apparent order and condition of the Container(s).
The Merchant warrants to the Carrier that the particulars relating to the Goods are set out on the face of this Nonnegotiable Bill of Lading have been checked by the shipper upon receipt and that such particulars and any other particulars furnished by or on behalf of the shipper are correct, complete and accurate.
The Merchant shall indemnify the Carrier against all loss, damages, fines and expenses arising or relating from inaccuracies in or inadequacy of such particulars or from any other cause whatsoever in connection with the Goods for which the Carrier is not responsible.
FREIGHT AND CHARGES
Freight shall be payable at Carrier's option on gross intake weight or measurement, or gross discharge weight or measurement or ad valorem basis or package or customary freight unit basis or any other applicable rate as set forth in Carrier's Tariff. Freight may be calculated on the basis of the description of the Goods furnished by the Merchant, but Carrier may at any time, weigh, measure and value the Goods and open packages or customary freight units to examine contents in case the Merchant's description is found to be erroneous and additional freight is payable, the Goods shall be liable for any additional freight and expense incurred in examining, weighing, measuring, fumigating and valuing the Goods.
Full freight to the port of discharge or in case of Through Transportation to place of delivery named herein and all advance charges against the Goods shall be considered completely earned on receipt of the Goods by the Carrier or Underlying Carrier as the case may be, whether the freight or charges be prepaid or be stated or intended to be prepaid or to be collected at port of discharge or destination or subsequently, and the Carrier shall be entitled absolutely, to all freight and charges, whether actually paid or not, and to receive and retain them under all circumstances whatsoever, the Ship and/or the Goods lost or not lost, or the voyage changed, broken up, frustrated or abandoned. Full freight shall be paid whether the Goods be damaged or lost, or packages or customary freight units be empty or partly empty.
All freight and charges shall be paid in full and without any offset, counterclaim or deduction, in the currency named in this Nonnegotiable Bill of Lading or, at the Carrier's option, in its equivalent in local currency at bank demand rates of exchange in New York as of the date payment of freight shall be due hereunder. Any error in freight or in charges or in the classification herein of the Goods is subject to correction, and if on correction, the freight or charges are higher, Carrier may collect the additional amount.
The Merchant of the goods shall be jointly and severally liable to Carrier for the payment of all freight, demurrage, General Average, salvage and other charges, including but not limited to court costs, expenses and reasonable attorney's fees incurred in collecting sums due Carrier. Payment of ocean freight and charges to a freight forwarder, broker or anyone other than the Carrier, or its authorized agent, shall not be deemed payment to the Carrier and shall be made at payer's sole risk.
The Carrier shall have a lien on the Goods, which shall survive delivery for all freight, dead freight, demurrage, damage, loss, charges, expenses and any other sums whatsoever payable by or chargeable to or for the account of the Merchant under the Nonnegotiable Bill of Lading and any contract preliminary hereto and the cost and expenses of recovering the same, and may sell the Goods privately or by public auction without notice to the Merchant 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.
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 other wise dispose of such Goods solely at the risk and expense of the Merchant.
The Goods may be packed by the Carrier in containers or in similar articles of transport used to consolidate goods.
Goods in enclosed Containers, whether packed by the Carrier or the Merchant, may be carried on deck or under deck without notice to the Merchant and without any obligation on the part of the Carrier specially to note, mark or stamp any statement of "on deck" carriage on the face of this Nonnegotiable Bill of Lading, any custom to the contrary notwithstanding. Such Goods (other than livestock) whether carried on deck or under deck shall participate in general average and shall be deemed to be within the definition of goods for the purposes of the legislation in Clause 5.0.
Goods not packed in enclosed Containers may be stowed and carried in poop, forecastle, deckhouse, shelter or any covered space commonly used for the carriage of goods and such Goods so carried shall be deemed for all purposes to be stowed under deck.
Goods not packed in enclosed Containers may be carried on deck with the agreement of the Merchant.
DECK CARGO AND LIVESTOCK
Goods which are stated herein to be carried on deck and livestock, whether or not carried on deck, are carried without responsibility on the part of the Carrier for loss or damage of whatsoever nature arising during carriage by sea whether caused by un-seaworthiness or negligence or any other cause whatsoever.
Livestock are carried at the sole risk of the Merchant. The Carrier shall be under no liability whatsoever for any injury, illness, death, delay or destruction howsoever arising even thought caused or contributed to be the act, neglect or default of the Carrier or by the UN-seaworthiness or unfitness of any vessel, craft, conveyance, Container or other place existing at the time. In the event of the Master, in his sole discretion, considering that any livestock is likely to be injurious to the health of any other livestock or any person on board or to cause the vessel to be delayed or impeded in the prosecution of the voyage, such livestock may be destroyed and thrown overboard without any liability attaching to the Carrier. The Merchant shall indemnify the Carrier against the cost of veterinary services on the voyage and of providing forage for any period during which the carriage is delayed for any reason whatsoever, and of complying with the regulations of any authority of any country whatsoever with regard to such livestock.
Goods of a perishable nature shall be carried in ordinary Containers without special protection, services or other measures unless there is noted on the reverse side of this Bill of Lading that the Goods will be carried in a refrigerated, heated, electrically ventilated or otherwise specially equipped Container or are to receive special attention in any way. The merchant undertakes not to tender for transportation any Goods which require refrigeration without giving written notice of their nature and the required temperature setting of the thermostatic controls before receipt of the Goods by the Carrier. In case of refrigerated Container(s) packed by or on behalf of the Merchant, the Merchant undertakes that the Goods have been properly stowed in the Container and that the thermostatic controls have been adequately set by him before receipt of the Goods by the Carrier. The Merchant's attention is drawn to the fact that refrigerated Containers are not designed to freeze down cargo which as not been presented for stuffing at or below its designated carrying temperature and the Carrier shall not be responsible for the consequences of cargo presented at a higher temperature than that required for the transportation. 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.
The term "apparent good order and condition" when used in this Bill of Lading with reference to goods which require refrigeration does not mean that the goods, when received were verified by the Carrier as being at the designated carrying temperature.
If the Goods have been packed into refrigerated container(s) by the Carrier and the particular temperature range requested by the Merchant is inserted in this Nonnegotiable Bill of Lading, the Carrier will set the thermostatic controls with the request temperature range, and will exercise due diligence to maintain such temperature plus or minus 5C.
If the cargo received by the Carrier is refrigerated container(s) into which the contents have been packed by or on behalf of the Merchant, it is the obligation of the Merchant to stow the contents properly and set the thermostatic controls exactly. The Carrier shall not be liable for loss of or damage to the Goods arising out of or resulting from the Merchant's failure in such obligations.
RUST CONDENSATION, ETC.
It is agreed that superficial rust, oxidation or condensation inside the Container or any like condition due to moisture is not the responsibility of the Carrier, unless said condition arises out of Carrier's failure to provide a seaworthy container to the Merchant prior to loading. If the Merchant requires special arrangements or care for the carriage of such Goods, he must request same in writing to the Carrier and said arrangements must be noted on the face of this Nonnegotiable Bill of Lading and all special freight, as required, must be paid by the Merchant.
METHODS AND ROUTE OF TRANSPORTATION
The Carrier may at any time and without notice to the Merchant:
Use any means of transport or storage whatsoever;
Transfer the Goods from one conveyance to another including transshipping or carrying the same on another vessel than that named overleaf or by any other means of transport whatsoever;
Unpack and remove the Goods which have been packed into a Container and forward the same in a Container or otherwise;
Use or proceed by any route in its discretion (whether or not the nearest or most direct or customary or advertised route) and use or proceed to or stay at any place or port whatsoever once or more often and in any order;
Load or unload the Goods at any place or port (whether or not any such port is named overleaf as the Port of Loading or Port of Discharge or Transshipment Destination) and store the Goods at any such place or port;
Comply with any orders or recommendations given by any government or authority or any person or body acting or purporting to act as or on behalf of such government or authority or having under the terms of the insurance on the conveyance employed by the Carrier the right to give orders or directions;
Permit the vessel to proceed with or without pilots.
The liberties set out in sub-clause above may be invoked by the Carrier for any purpose whatsoever whether or not connected with the Carriage including undergoing repairs, towing, or being towed, adjusting instruments, taking bunkers whether for this or a subsequent voyage, dry-docking and assisting vessels in all situations. Any thing done in accordance with sub-clause 17.1 or any delay arising therefrom shall be deemed to be with the contractual carriage and shall not be a deviation. Even if the Carrier is held to be responsible in respect of any such thing the Carrier shall be entitled to the benefit of all privileges, rights and immunities contained herein.
MATTERS AFFECTING PERFORMANCE
If it shall be considered by the Carrier at any time that the Carriage or continuance thereof may subject the Goods, the vessel or other form of transport to any hindrance, risk, delay, difficulty or disadvantage of any kind and howsoever arising (even though the circumstances giving rise to such hindrance, risk, delay, difficulty or disadvantage existed at the time this contract was entered into or the Goods were accepted for Carriage) and which cannot be avoided by the exercise of reasonable endeavors, the Carrier (whether or not the Carriage is commenced) may without notice to the Merchant 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. The Carrier shall nevertheless be entitled to full freight on the Goods received for carriage and the Merchant shall pay any additional costs of carriage to and delivery and storage at such place or port.
DANGEROUS, HAZARDOUS OR NOXIOUS CARGO
Goods of a flammable, explosive, corrosive, radioactive, noxious, hazardous, unstable or dangerous nature, shipped without full disclosure in writing to the Carrier as to their nature and character, may at any time before discharge be landed at any place, thrown overboard, destroyed or rendered innocuous without liability on the part of he Carrier or other shippers or consignee; and, even if such disclosure be made, the same disposition of such Goods if, in the opinion of the Carrier, they shall be or become dangerous or noxious to the Vessel or cargo, or to persons. The shipper shall indemnify the Carrier for all losses, damages, liabilities, fines, civil penalties and expenses (including attorney's fees) suffered by the carrier, caused in whole or in part by omission of full disclosure required by this paragraph or by applicable law or regulations.
The Carrier may accept or reject at its option any dangerous goods offered for transportation.
REGULATIONS RELATING TO GOODS
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 whether imposed on the Goods or any vessel or other conveyance carrying the Goods incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient description, marking, numbering or addressing of Goods, and shall indemnify the Carrier in respect thereof.
NOTIFICATION AND DELIVERY
Any mention in this Nonnegotiable Bill of Lading of parties to be notified of the arrival of Goods is solely for information of the Carrier, and failure to give such notification shall not involve the Carrier in any liability nor relieve the Merchant of any obligation hereunder.
The Merchant shall take delivery of the Goods within the time provided for in the Carrier's applicable Tariff.
If the Merchant fails to take delivery of the Goods or part of them in accordance with this Nonnegotiable Bill of Lading, the Carrier may without notice un-stow the Goods or that part thereof and/or store the Goods or that part thereof ashore, afloat, in the open or under cover. Such storage shall constitute due delivery hereunder, and thereupon all liability whatsoever of the Carrier in respect of the Goods or that part thereof shall cease.
The Merchant's attention is drawn to the stipulations concerning free storage time and demurrage contained in the Carrier's applicable Tariff, which is incorporated in this Nonnegotiable Bill of Lading.
The Carrier may in his absolute discretion receive the Goods as Full Container Load and deliver them as less than Full Container Load and/or as break bulk cargo and/or delivery of the Goods to more than one receiver. In such event the Carrier shall not be liable for any shortage, loss, damage or discrepancies of the Goods, which are found upon unpacking of the Container.
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 the Goods at the sole risk and expense of the Merchant.
The Merchant shall assume full responsibility for and shall indemnify the Carrier against any loss of or damage to the Carrier's container(s) and other equipment(s) which occurs while in the possession or control of the Merchant, his agents or inland carriers engaged by or on behalf of the Merchant.
The Carrier shall in no event be liable for and the Merchant shall indemnify and hold the Carrier harmless from and against any loss of or damage to property of other persons or injuries to other persons caused by the Carrier's container(s) or the contents thereof during handling by or while in the possession or control of the Merchant, his agents or inland carriers engaged by or on behalf of the Merchant.
If the carrying ship comes into collision with another ship as a result of negligence of the other ship and any act, neglect or default in the navigation or management of the carrying ship, the Merchant undertakes to pay the Carrier, or where the Carrier is not the owner and in possession of the carrying ship, to pay to the Carrier as trustee for the owner and/or demise chatterer of the carrying ship, a sum sufficient to indemnify the Carrier and/or the owner and/or demise chatterer of the carrying ship against all loss or liability to the other or non-carrying ship or here owners in so far as such loss or liability represents loss of or damage to or any claim whatsoever of the Merchant paid or payable by the other non-carrying ship or her owners to the Merchant and set-off, recouped or recovered by the other or non-carrying ship or here owners as part of their claim against the carrying ship or her owner or demise chatterer of the 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, contract stranding or other accident.
General average shall be adjusted, stated and settled, according to York/Antwerp Rules, 1974, except Rule XXII thereof, at such port or place in the United States as may be selected by the Carrier, and as to matters not provided for by these Rules, according to the laws and usages at the Port of San Francisco. In applying these Rules, expenditures and/or sacrifices which are necessary for the safe prosecution of the voyage and which are otherwise allowable under Rules X, XI, XII, XIV, or XV shall be allowed irrespective of the definition of a general average act contained in Rule A. In connection with such adjustment, disbursements in foreign currencies shall be exchanged into legal tender of the United States at the rate prevailing on the dates made and allowances for loss of or damage to cargo claimed in foreign currency shall be converted at the rate prevailing on the last day of discharge at the port or place of final discharge of such damaged cargo from the ship. Average agreement or bond and such additional security as may be required by the Carrier must be furnished before delivery of the Goods. Such cash deposit as the Carrier may deem sufficient as additional security for the contribution of the Goods and for any salvage and special charges thereon, shall, without prejudice to the ultimate liability of the parties, be made by the Goods, the Shipper or the Consignee to the Carrier before delivery. Such deposits shall, at the option of the Carrier, be payable in legal tender of the United States. In the event of accident, danger, damage, or disaster before or after 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 to the Goods, the Shipper or the Consignee by statute, contract, or otherwise, the Goods, the Shipper and Consignee 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, general and special charges incurred in respect of the Goods. If a salving ship is owned and operated by the Carrier or another water carrier transporting the Goods, salvage shall be paid as fully as if such salving ship belonged to strangers.
VARIATION OF THE CONTRACT, ETC.
No servant or agent of the Carrier shall have power to waive or vary any term of this Nonnegotiable Bill of Lading unless such waiver or variation is in writing and is specifically authorized or ratified in writing by the Carrier.
LAW AND JURISDICTION
This Nonnegotiable Bill of Lading shall be governed by the mandatory applicable law and all claims or disputes hereunder or questions arising therefrom including those relating to limitation of liability shall be determined in the United States District Court of the principle place of business of the Carrier, Los Angeles, California. No actions shall be brought in any other courts and if brought shall be dismissed in favor of Los Angeles, California.
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