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1. DEFINITIONS |
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"Carrier" means Niver Lines Shipping Co.
S.A.
"Merchant" includes any Person who at any
time has been or becomes the Shipper, Holder, Consignee,
Receiver of the goods, any Person who owns or is entitled
to the possession of the goods or of this Bill of Lading
and any Person acting on behalf of any such Person.
"Sub-Contractor" includes (but is not limited
to) owners and operators of vessels (other than the
Carrier), stevedores, terminal and groupage operators,
road and rail transport operators and any independent
contractor employed by the Carrier in performance of
the Carriage and any sub-sub-contractors thereof.
"Container" includes any container, trailer,
transportable tank, flat or pallet, or any similar article
used to consolidate goods and any ancillary equipment.
"Combined Transport" arises if the Place of
Receipt and / or the Place of Delivery are indicated
on the face hereof in the relevant spaces.
"Port to Port" arises if the Carriage is not
Combined Transport.
"Freight" includes all charges payable to
the Carrier in accordance with the applicable Tariff
and this Bill of Lading.
"FCL/FCL" or "HOUSE TO HOUSE" Container
Carriage means that the container has been inspected,
stuffed and sealed by the Merchant, or his Agents, and
the unsealing and unstuffing of such container shall
also be performed by the Merchant or his Agents, all
at Merchant's sole responsibility.
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2. LAW APPLICABLE AND JURISDICTION
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Any claims and/or disputes arising under this Bill
of Lading and the contract of carriage evidenced hereby
or in connection therewith shall be decided according
to English Law.
Such claims and/or disputes shall be referred to the
High Court of Justice in London, to the exclusion of
any other jurisdiction.
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3. CARRIER'S RESPONSIBILITY |
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I. PORT TO PORT SHIPMENT
If Carriage is Port to Port the liability (if any) of
the Carrier for loss of or
damage to the goods occurring from and during loading
onto any seagoing vessel up to and during discharge
from that vessel or from another seagoing vessel into
which the goods have been transhipped shall be determined
in accordance with the International Convention on the
Unification of Certain Rules of Law relating to Bills
of Lading, signed at Brussels on 25 August 1924, as
amended by the Protocol signed at Brussels on 23 February
1968 and by the Protocol signed at Brussels on 21 December
1979 (the Hague-Visby Rules). If any term of this Bill
of Lading be repugnant to the said legislation to any
extent, such term shall be void to that extent, but
no further. The Carrier shall be under no liability
whatsoever for loss of or damage to the goods, howsoever
occurring, if such loss or damage arises prior to loading
onto or subsequent to discharge from the vessel. Notwithstanding
the above, in case and to the extent that any applicable
law provides for any additional period of responsibility,
the Carrier shall have the benefit of every right, defence,
limitation and liberty in the Hague-Visby Rules as applied
by this clause during that period, notwithstanding that
the loss or damage did not occur at sea.
II. COMBINED TRANSPORT
When the place of receipt of goods or final destination
set forth herein, if contracted for by the Carrier,
is an inland point, the liability and responsibility
of the Carrier with respect to transportation to and
from the sea terminals or ports will be as follows :
(1) If by road - in accordance with the Convention
on the Contract for the International Carriage of goods
by Road, dated 19th May 1956 as amended (hereinafter
called "CMR" )
(2) If by rail - in accordance with the International
Agreement on Railway Transport dated 25th February 1951
as amended (hereinafter called "CIM")
(3) If by air - in accordance with the Convention
for the Unification of Certain Rules Relating to International
Carriage by Air, signed Warsaw 12th October 1929, as
amended (hereinafter the "Warsaw Convention")
However, the Carrier's liability for loss of or damage
to the goods shall in any event not exceed 666.67 Special
Drawing Rights per package or unit or 2 Special Drawing
Rights per kilogram of gross weight of the goods lost
or damaged, whichever is the higher, or where, by the
consent of the Carrier, the value of the goods has been
declared in the Bill of Lading, the amount so declared.
Reference in this Bill of Lading to any invoice, letter
of credit or other document to which the Carrier is
not a party, shall not constitute declaration of the
value of the goods for the purposes of this clause.
III. TIME BAR
All liability whatsoever of the Carrier shall cease
unless suit is brought within 9 months after delivery
of the goods or the date when the goods should have
been delivered.
IV. In the event that it is proved that the goods
were lost or damaged whilst in the actual and legal
custody and care of the Carrier and in circumstances
which impose responsibility on the Carrier, then, in
the absence of evidence to the contrary, the damage
or loss shall be deemed to have occurred during the
sea voyage and the Hague-Visby Rules shall apply.
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4. SCOPE OF VOYAGE |
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The vessel shall have liberty to sail without pilots,
to proceed via any route, to proceed to, return to and
stay at any port or ports whatsoever (including the
loading port) in any order in or out of the route or
in contrary direction to or beyond the port of destination
once or oftener for bunkering or loading or discharging
cargo or embarking or disembarking passengers whether
in connection with the present, a prior or subsequent
voyage or any other purposes whatsoever and before giving
delivery of the within mentioned cargo at the port of
discharge herein provided and with the like liberties
as aforesaid to leave and then return to and discharge
the said cargo at such a port, to tow or be towed, to
make trial trips with or without notice, to adjust compasses
or to repair or dry-dock with or without cargo on board.
The exercise of any liberty in this clause shall form
part of the agreed voyage.
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5. SUBSTITUTION OF VESSEL AND TRANSHIPMENT |
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Whether expressly arranged beforehand or otherwise,
the Carrier shall be at liberty to carry the goods to
their port of destination by the said or other vessel
or vessels, whether belonging to the Carrier or others,
or by other means of transport by land and/or water
and/or air proceeding either directly or indirectly
to such port and to carry the goods or part of them
beyond their port of destination and to tranship and
store the goods either on shore or afloat and reship
and forward the same. Any discharge, transhipment, landing,
delivery, forwarding or otherwise dealing with the goods,
under the provisions of this Clause, shall constitute
due performance by the Carrier of all its obligations
hereunder, and in any such event, the Carrier shall
be entitled to full freight.
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6. LIGHTERAGEN |
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Any lighterage in or off ports of loading or ports
of discharge to be for the account of the Merchant.
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7. LOADING, DISCHARGING AND DELIVERY |
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of the cargo shall be arranged by the Carrier's Agent
unless otherwise agreed.
It shall be the responsibility of the Merchant to contact
the Carrier regarding time of arrival of the goods.
The Carrier is not obliged to give notice of the arrival
of the goods and no responsibility whatsoever shall
attach to the Carrier or his agents for not giving such
notice of the arrival of the goods.
Landing, storing and delivery shall be for the Merchant's
account. Loading and discharging may commence without
previous notice.
The Merchant or his Assign will tender the goods when
the vessel is ready to load and as fast as the vessel
can receive and -but only if required by the Carrier
- also outside ordinary working hours notwithstanding
any custom of the port. Otherwise the Carrier shall
be relieved of any obligation to load such cargo and
the Vessel may leave the port without further notice
and deadfreight is to be paid.
The Merchant or his Assign shall take delivery of the
goods and continue to receive the goods as fast as the
vessel can deliver and - but only if required by the
Carrier - also outside ordinary working hours notwithstanding
any custom of the port. Otherwise the Carrier shall
be at liberty at the sole risk of the Merchant, to enter
the goods, to move them, to land them on to wharf, quay,
or into warehouse or to discharge them into craft or
bulk and any discharge to be deemed a true fulfillment
of the contract, or alternatively to act under Clause
16.
The Merchant shall bear all overtime charges in connection
with tendering and taking delivery of the goods as above.
If the goods are not applied for within a reasonable
time, the Carrier may sell the same privately or by
auction. The Merchant shall accept his reasonable proportion
of unidentified loose cargo.
DEMURRAGE
If delay is caused to the vessel through non observance
of the stipulations in clause 7 of this Bill of Lading,
the Merchant shall pay demurrage at the rate of US$1.-
(one dollar) per gross registered ton per day or pro
rata for a proportion of a day ; and time to count from
ship's arrival whether in berth or not. Time lost in
waiting for berth to count as loading or discharging
time. In the event of any detention to the vessel due
to causes mentioned in clause 16 of this Bill of Lading,
the Carrier will be entitled to demurrage payable at
the rate of US$ 1.- (one dollar) per gross registered
ton per day or pro rata for portion of a day.
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8. OPTIONAL STOWAGE AND DECK CARGO
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The goods may be packed by the Carrier in Containers
and consolidated with other goods in Containers.
goods, whether or not packed in containers, may be carried
on deck or under deck without notice to the Merchant.
All such goods 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 Hague-Visby Rules and shall be carried subject
to those Rules.
Notwithstanding the above, in the case of goods which
are stated on the face hereof as being carried on deck
and which are so carried the Hague-Visby Rules shall
not apply and the Carrier shall be under no liability
whatsoever for loss, damage or delay, howsoever arising,
whether or not caused by negligence on the part of the
Carrier, his servants, agents or Sub-Contractors.
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9. LIVE ANIMALS |
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The Hague-Visby Rules shall not apply to the carriage
of live animals, which are carried at the sole risk
of the Merchant.
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10. OPTIONS |
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The port of discharge for optional cargo must be
declared to the vessel's Agents at the first of the
optional ports not later than 48 hours before the vessel's
arrival there. In the absence of such declaration the
Carrier may elect to discharge at the first or any other
optional port and the contract of carriage shall then
be considered as having been fulfilled. Any option can
be exercised for the total quantity under this Bill
of Lading only.
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11. FREIGHT AND CHARGES |
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(a) Prepayable freight , whether actually paid or
not, shall be considered as fully earned upon loading
and not to be returned in any event. The Carrier's claim
for any charges under this contract shall be considered
definitely payable in like manner as soon as the charges
have been incurred.
Interest at 5 per cent, shall run from the date when
freight and charges are due.
(b) Freight is to be paid in the currency named in the
Bill of Lading or with the consent of the Carrier in
other currency at the highest rate of exchange for prepaid
freights on the day of receipt for carriage and for
freights payable at destination on the day when the
goods entered Customs House or on the date of the withdrawal
of the delivery order, whichever is higher.
(c) The Carrier accepts no responsibility and the Merchant
is held liable for return freight and charges on goods
refused exportation or importation by any government
or authority.
(d) Freight to be paid in full on damaged or unsound
goods and all packages delivered part full or empty,
any law or custom to the contrary notwithstanding.
(e) The Merchant shall be liable for expenses of fumigation
and of gathering and sorting loose cargo and of weighing
on board and expenses incurred in repairing damage to
and replacing of packing due to excepted causes and
for all expenses caused by extra handling of the cargo
for any of the aforementioned reasons.
(f) Any dues, duties, taxes and charges which under
any denomination may be levied on any basis such as
amounts of freight, weight of cargo or tonnage of the
vessel, shall be paid by the Merchant.
(g) The Merchant shall be liable for all fines and/or
losses which the Carrier, vessel or cargo may incur
through non-observance of Custom House and /or import
or export regulations.
(h) The Carrier is entitled in case of incorrect declaration
of contents, weights, measurements or value of the goods,
to claim double the amount of freight which would have
been due if such declaration had been correctly given.
For the purpose of ascertaining the actual facts, the
Carrier reserves the right to obtain from the Merchant
the original invoice and to have the contents inspected
and the weight, measurement or value, verified.
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12. LIEN |
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The Carrier shall have a lien for any amount due
under this contract and for costs of recovering same
and shall be entitled to sell the goods privately or
by auction to cover any claims. If, on a sale of the
goods, the proceeds fail to cover the amount due and
the costs and expenses incurred, the Carrier shall be
entitled to recover the difference from the Merchant.
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13. DELAY |
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The Carrier does not undertake that the goods shall
arrive at the port of discharge or place of delivery
at any particular time or to meet any particular market
or use, and the Carrier shall in no circumstances whatsoever
and howsoever arising be liable for direct, indirect
or consequential loss or damage caused by delay.
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14. GENERAL AVERAGE |
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General average to be adjusted in London and to be
settled according to the York - Antwerp Rules 1994.
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 by statute, contract or otherwise,
the Merchant shall contribute with the Carrier or vessel's
owner in General Average to the payment of any sacrifice,
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
vessel is owned or operated by the Carrier or vessel's
owner, salvage shall be paid for as fully as if the
salving vessel or vessels belonged to strangers.
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15. BOTH-TO-BLAME COLLISION CLAUSE
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If the vessel comes into collision with another vessel
as a result of the negligence of the other vessel and
any act, neglect or default of the Master, mariner,
pilot or the servants of the Carrier or vessel's owner
in the navigation or in the management of the vessel,
the owner of the goods carried hereunder will indemnify
the Carrier or vessel's owner against all loss or liability
to the other or non-carrying vessel or her owners insofar
as such loss or liability represents a loss of, or damage
to, or any claim whatsoever of the owners of said goods,
paid or payable by the other or non-carrying vessel
or her owners to the owners of the said goods and setoff,
recouped, or recovered by the other or non-carrying
vessel or her owners as part of their claim against
the vessel or Carrier. The foregoing provisions shall
also apply where the owners, operators or those in charge
of any ship or ships or object other than, or in addition
to, the colliding vessels or objects are at fault in
respect of a collision, contact or other accident.
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16. MATTERS AFFECTING PERFORMANCE
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If at any time the carriage, the vessel or other
goods on board the vessel are or are likely to be affected
by any hindrance, risk, delay, difficulty or disadvantage
of any kind (other than the inability of the goods,
due to their condition, safely or properly to be carried
or carried further) 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 received
for carriage), the Carrier (whether or not the Carriage
is commenced) may, without prior notice to the Merchant
and at the sole discretion of the Carrier either :
1) Carry the goods to the contracted port of discharge
or place of delivery, whichever is applicable, by an
alternative route to that indicated in this Bill of
Lading or that which is usual for goods consigned to
that port of discharge or place of delivery. If the
Carrier elects to invoke the terms of this Clause 16(1)
then, he 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 endeavour to forward them as soon as possible, but
the Carrier makes no representations as to the maximum
period of such suspension of carriage. If the Carrier
elects to invoke the terms of this Clause 16(2) then,
he shall be entitled to charge such additional Freight
as the Carrier may determine, or
3) Abandon the carriage of the goods and place 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 the
carriage to , and delivery and storage at, such place
or port.
If the Carrier elects to use an alternative route under
Clause 16(1) or to suspend the carriage under Clause
16(2) this shall not prejudice his right subsequently
to abandon the carriage.
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17. CONTRACTING PARTIES
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The contract evidenced by this Bill of Lading is between
the Merchant and Niver Lines Shipping Co. S.A. and it
is therefore agreed that the latter only shall be liable
for any damage or loss due to any breach or non-performance
of any obligation arising out of the contract of carriage.
If, despite the foregoing, it is adjudged that any other
is the Carrier and/or bailee of the goods shipped hereunder,
all limitations of, and exonerations from, liability
provided by law or by this Bill of Lading shall be available
to such other.
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18. EXEMPTIONS AND IMMUNITIES OF
ALL SERVANTS AND AGENTS OF THE CARRIER |
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It is hereby expressly agreed that no servant or
agent of the Carrier (including every independent contractor
from time to time employed by the Carrier) shall in
any circumstances whatsoever be under any liability
to the Merchant for any loss, damage or delay arising
or resulting directly or indirectly from any act, neglect
or default on his part while acting in the course of
or in connection with his employment and, but without
prejudice to the generality of the foregoing provisions
in this clause, every exemption, limitation, condition
and liberty herein contained and every right, exemption
from liability, defence and immunity of whatsoever nature
applicable to the Carrier or to which the Carrier is
entitled hereunder shall also be available and shall
extend to protect every such servant or agent of the
Carrier acting as aforesaid and for the purpose of all
the foregoing provisions of this clause the Carrier
is or shall be acting as agent or trustee on behalf
of and for the benefit of all persons who are or might
be his servants or agents from time to time (including
independent contractors as aforesaid) and all such persons
shall to this extent be or deemed to be parties to the
contract evidenced by this Bill of Lading.
The Carrier shall be entitled to be paid by the Merchant
on demand any sum recovered or recoverable by the Merchant
or any other from such servant or agent of the Carrier
for any such loss, damage or delay or otherwise.
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19. DANGEROUS GOODS
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(i) No goods which are or may become dangerous, inflammable
or damaging (including radio active materials), or which
are or may become liable to damage any property whatsoever,
shall be tendered to the Carrier for carriage without
his express consent in writing and without the container
or other covering in which the goods are to be transported
and the goods being distinctly marked on the outside
so as to indicate the nature and character of any such
articles and so as to comply with any applicable laws,
regulations or requirements. If any such articles are
delivered to the Carrier without such written consent
and marking or if in the opinion of the Carrier the
articles are or are liable to become of a dangerous,
inflammable or damaging nature, the same may at any
time be destroyed, disposed of, abandoned, or rendered
harmless without compensation to the Merchant and without
prejudice to the Carrier's right to freight.
(ii) The Merchant undertakes that the goods are packed
in a manner adequate to withstand the ordinary risks
of carriage having regard to their nature and in compliance
with all laws or regulations which may be applicable
during carriage.
(iii) Whether or not the Merchant was aware of the nature
of the goods the Merchant shall indemnify the Carrier
against all claims, losses, damages or expenses arising
in consequence of any breach of the provisions of this
Clause.
(iv) Nothing contained in this clause shall deprive
the Carrier of any of his rights otherwise provided
for.
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20. SHIPPER PACKED CONTAINERS |
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(i) If a container has not been filled, stowed, packed,
stuffed or loaded by or on behalf of the Carrier, the
Carrier shall not be liable for loss of or damage to
the goods caused by :
(a) the manner in which the container has been filled,
stowed, packed, stuffed or loaded; or
(b) the unsuitability of the goods for carriage in containers;
or
(c) the unsuitability or defective condition of the
container
provided that where the container has been provided
by or on behalf of the Carrier, this paragraph (c) shall
only apply if the unsuitability or defective condition
arose without any want of due diligence on the part
of the Carrier or would have been apparent upon reasonable
inspection by the Merchant at or prior to the time when
the container was filled, stowed, packed, stuffed or
loaded.
(ii) The Merchant shall indemnify the Carrier against
any loss, damage liability or expense whatsoever and
howsoever arising caused by one or more of the matters
referred to in Sub-Clause (I) (a), (b) or (c) above,
save that where the loss, damage, liability or expense
was caused by a matter referred to in paragraph (I)
(c) the Merchant shall not be liable to indemnify the
Carrier in respect thereof unless one of the provisions
referred to in that paragraph apply.
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21. SHIPPER'S/MERCHANT'S RESPONSIBILITY
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All of the persons coming within the definition of
Merchant in Clause 1 shall be jointly and severally
liable to the Carrier for the due fulfillment of all
obligations undertaken by the Merchant in this Bill
of Lading and remain so liable throughout carriage,
notwithstanding their having transferred this Bill of
Lading and / or title to the goods to another party.
The shipper warrants to the Carrier that the particulars
relating to the goods as set out overleaf have been
checked by the shipper on receipt of this Bill of Lading
and that such particulars, and any other particulars
furnished by or on behalf of the shipper, are adequate
and correct. The shipper also warrants that the goods
are lawful goods and contain no contraband . If the
container is not supplied by or on behalf of the Carrier,
the shipper further warrants that the container meets
all ISO and/or other (inter)national safety standards
and is fit in all respects for carriage by the Carrier.
The Merchant shall indemnify the Carrier against all
claims, losses, damages, fines and expenses arising
or resulting from any breach of any of the warranties
in Clause 21 hereof or from any other cause in connection
with the goods for which the Carrier is not responsible.
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, without prejudice to the generality
of the foregoing, freight for any additional carriage
undertaken) incurred or suffered in respect of the goods,
and shall indemnify the Carrier in respect thereof.
If containers supplied by or on behalf of the Carrier
are unpacked at the Merchant's premises, the Merchant
is responsible for returning the empty containers, free
from labels etc., with interiors brushed, clean, odour
free and in every respect fit for immediate reuse, to
the point or place designated by the Carrier, his servants
or agents, within the time prescribed. Should a container
not be returned as required above within the time prescribed,
the Carrier is entitled to take such steps as he considers
appropriate for the account of the Merchant and the
Merchant shall be liable for any detention, loss or
expense incurred as a result thereof.
Containers released into the care of the Merchant for
packing, unpacking, or any other purpose whatsoever,
are at the sole risk of the Merchant until redelivered
to the Carrier. The Merchant shall indemnify the Carrier
for all loss and / or damage to such containers occurring
during such period. The Merchant shall also indemnify
the Carrier for any loss, damage, injury, fines or expenses
caused or incurred by such containers whilst in his
control.
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22. SPECIAL CONTAINERS |
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The Carrier shall not undertake to carry the goods
in refrigerated, heated, insulated, ventilated or any
other special container(s), nor to carry special container(s)
packed by or on behalf of the Merchant as such, but
the Carrier will treat such goods or container(s) only
as ordinary goods or dry container(s) respectively,
unless special arrangements for the carriage of such
goods or container(s) have been agreed to in writing
between the Carrier and the Merchant and are noted on
the face of this Bill of Lading and unless special freight
as required has been agreed upon. The Carrier shall
not accept responsibility for the function of special
container(s) supplied by or on behalf of the Merchant.
As regards the goods which have been agreed to be carried
in special containers the Carrier shall exercise due
diligence to maintain the facilities of the special
container(s) while they are in his actual custody and
control and shall not be liable for any kind of loss
of or damage to the goods caused by latent defects,
derangement or mechanical breakdown occurring without
the fault of the Carrier.
If the cargo is received by the Carrier in 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 as required. The Carrier
shall not be liable for any loss of or damage to the
goods arising out of or resulting from the Merchant's
failure in such obligation and further does not guarantee
the maintenance of the intended temperature inside the
container(s).
The Merchant is fully aware that a refrigerated container
does not have the capacity to freeze the contents or
otherwise to significantly alter the temperature of
the contents, but only to maintain the temperature set.
The Carrier will exercise reasonable care to maintain
temperature level at plus or minus 5oC of the temperature
noted herein.
In the event of any claim in which the temperature of
goods in a refrigerated container is a relevant fact,
it is hereby agreed and stipulated that the temperature
reflected in Carrier's records to wit the temperature
recording device and/or log book reports maintained
by the Carrier, shall be prima facie evidence of the
temperature at which the goods are maintained at all
time while under Carrier's responsibility.
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23. DELIVERY OF GOODS IN CONTAINERS
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Provisions of this clause are in addition to other
container provisions of this Bill of Lading. If unpacking
the contents of containers is required for whatever
reason, and the contents cannot be identified as to
marks and numbers, cargo sweeping, liquid residue and
any unclaimed contents not otherwise accounted for,
shall be allocated for completing delivery to the Merchant.
The Carrier shall not be required to separate or deliver
goods in accordance with brand, marks, numbers, size
or types of packages as stated by the Merchant in his
particulars but only to deliver total number of container(s),
(if same loaded by the Merchant) or packages or units
(if container(s) loaded by the Carrier) shown on the
face of this Bill of Lading.
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24. CONDITIONS FOR CARRIAGE ON
FCL BASIS |
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1.1.CONTAINER CLAUSES
1.1.1.Container(s) delivered to Carrier locked and sealed
contents stuffed and lashed by shippers. Shippers load
/ stow and count. Number of packages and weight as declared
by shippers under their responsibility, being packed/stuffed
into container(s) by them directly and unknown to Carrier.
Therefore the Vessel/Carrier not responsible for any
cargo shortage or damage caused by shifting of cargo
inside container(s), nor for any extra expenses and/or
customs fine and/or extra haulage costs resulting from
inaccurate and/or wrong declarations made by Shippers
regarding contents/weight of container(s). Eventual
extra expenses as above to be borne by Charterers /
Shippers.
1.1.2. All expenses and risks relating to the transportation
and handling of the container(s) up to ship's tackle
when Liner In basis (alternatively up to on board the
vessel when Free In basis) at loading port as from under
ship's tackle when Liner Out basis (alternatively from
on board the vessel when Free Out basis) until redelivery
of the empty container(s) to the pier or terminal designated
by the Carrier at discharging port, as well as any and
all charges in respect of customs examination or other
costs either at the loading or discharging port are
for cargoes' account.
1.1.3.Container(s) to be returned to Carrier, clean
free of smells, free of labels and ready for immediate
re-utilization for any cargo.
1.1.4.Number, weight and condition of cargo as declared
by Shippers who stowed and loaded them in locked and
sealed containers, master unable to check same because
containers locked and sealed and no places available
to empty contents in order to ascertain the above because
vessel is compelled to sail immediately.
2.2. ADDITIONAL CLAUSES
2.2.1.Hereby confirming that each container has been
tested and approved to CSC standards and bears a valid
CSC safety approval plate.
2.2.2.In case of Port to Port shipment inland haulage
both ends for account of the Merchant.
2.2.3.Stuffing and unstuffing for cargoes' accounts.
3.3.FREE TIME AND DEMURRAGE FOR CONTAINERS
3.3.1.FREE TIME:
At loading port: 7 running days for dry container(s)
and 5 running days for reefer container(s) from delivery
of the empty container(s).
At port of discharge: 7 running days for dry container(s)
and 5 running days for reefer container(s) after discharge
from the vessel until redelivery of the empty container(s)
to the pier or the terminal designated by the Carrier.
- If, after expiry of the free time as defined above,
the Merchant has failed to remove or accept delivery
of the cargo, the Carrier shall be entitled, at Merchant's
risk, to strip the container(s) and place the goods
into a warehouse unless differently provided by local
laws and regulations. The Merchant will be responsible
for all transfer, stripping and storage charges.
3.3.2. DEMURRAGE: Charges for demurrage in excess of
the (7) running days for dry container(s) and (5) running
days for reefer container(s) mentioned are as follows
per running day:
| CONTAINER BOX |
SPEC. EQUIPMENT |
REEFER CONT. BOX |
| 20' |
40' |
20' |
40' |
20' |
40' |
| for the 1st 5 days USD |
for the 1st 5 days USD |
for the 1st 5 days USD |
| 5.50 |
11.00 |
7.50 |
15.00 |
28.00 |
56.00 |
| THEREAFTER |
THEREAFTER |
THEREAFTER |
| 11.00 |
22.00 |
15.00 |
30.00 |
56.00 |
112.00 |
|
- All demurrages incurred (both at
port of loading and at port of discharge) will be payable
by the Party causing the demurrage, irrespective of
where the freight is paid. The above does not relieve
Shippers from ultimate responsibility for payment of
demurrage should collection from party causing it proves
impossible.
3.3.3.The container(s) must be redelivered by Shippers
at loading port when and where requested by the Carrier.
3.3.4.The empty container(s) must be redelivered cleaned
and/or washed and put in reusable condition to the pier
and/or terminal designated by the Carrier at Merchant's
expense.
3.3.5. Aforementioned free times in loading and/or discharging
ports are not reversible.
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25. INSPECTIONS OF GOODS
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Subject to any applicable laws and regulations the
Carrier 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.
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26. CARRIER'S TARIFF |
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The terms and conditions of the Carrier's applicable
Tariff are incorporated herein. Particular attention
is drawn to the terms and conditions therein relating
to the container and vehicle demurrage. Copies of the
relevant provisions of the applicable Tariff are obtainable
from the Carrier or his agents upon request. In the
case of inconsistency between this Bill of Lading and
the applicable Tariff, this Bill of Lading shall prevail.
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27. At ports in Morocco,
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Algeria and Tunisia "Droits d' embarquement
ou de debarquement sur les marchandises" to be
paid by Merchants. At Tunis the vessel has the option
to discharge at Tunis town and / or La Goulette.
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NIVER LINES SHIPPING CO. S.A.
LEOF. VOULIAGMENIS 85 - GLYFADA, GREECE
Please see overleaf and attached sheet(s) for other terms
of this contract of carriage
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