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1. DEFINITIONS

"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.


2. LAW APPLICABLE AND JURISDICTION

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.


3. CARRIER'S RESPONSIBILITY


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.


4. SCOPE OF VOYAGE

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.


5. SUBSTITUTION OF VESSEL AND TRANSHIPMENT

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.

 
6. LIGHTERAGEN

Any lighterage in or off ports of loading or ports of discharge to be for the account of the Merchant.



7. LOADING, DISCHARGING AND DELIVERY

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.


8. OPTIONAL STOWAGE AND DECK CARGO

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.


9. LIVE ANIMALS

The Hague-Visby Rules shall not apply to the carriage of live animals, which are carried at the sole risk of the Merchant.


10. OPTIONS

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.


11. FREIGHT AND CHARGES

(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.


12. LIEN

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.


13. DELAY

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.


14. GENERAL AVERAGE

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.


15. BOTH-TO-BLAME COLLISION CLAUSE

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.


16. MATTERS AFFECTING PERFORMANCE

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.


17. CONTRACTING PARTIES

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.


18. EXEMPTIONS AND IMMUNITIES OF ALL SERVANTS AND AGENTS OF THE CARRIER

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.


19. DANGEROUS GOODS

(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.


20. SHIPPER PACKED CONTAINERS

(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.


21. SHIPPER'S/MERCHANT'S RESPONSIBILITY

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.


22. SPECIAL CONTAINERS

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.


23. DELIVERY OF GOODS IN CONTAINERS

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.


24. CONDITIONS FOR CARRIAGE ON FCL BASIS

 

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.


25. INSPECTIONS OF GOODS

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.


26. CARRIER'S TARIFF

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.


27. At ports in Morocco,

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.

 

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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