1. Carriage and other services performed hereunder are subject to these Conditions and to the rates, rules and classifications set forth in the Forwarder's currently effective tariffs, which are available for inspection and incorporated into this contract by reference.
2. As used in this contract, "Forwarder" means Global Logistics USA and it's authorized agents.
3. Forwarder shall not be liable for loss, damage, delay or other results caused by (a) acts of God, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotions, or hazards or dangers incident in a state of war; (b) the act of default of the shipper of consignee, including any breach of the warranty set forth in Paragraph 5 below; (c) the nature of the shipment, or any defect, characteristic or inherent vice thereof;(d) violation by the shipper or consignee of any of these conditions of contract; (e) compliance or non-compliance with delivery of special instructions.
4. Forwarder shall not be liable for special or consequential damages.
5. In tendering the shipment for carriage, the shipper warrants that the Shipment is packaged to protect the enclosed goods and to insure safe transportation, with ordinary care in handling and that each package is appropriately labeled and is in good order for carriage as specified.
6. In consideration of Forwarder's rate for the transportation of any shipment, which rate, in part, is dependent upon the value of the shipment, the shipper and all other parties having an interest in the shipment agree that the limit of Forwarder's liability shall be the lesser of:
(a) the amount of any damages actually sustained, or
(b) whichever of the following is greater:
(1) The shipper's declared value stated on the face of hereof; or
(2) $.50 per pound per article for domestic carriage; or
(3) Forwarder's transportation charges applicable to that part of the shipment lost, damaged or delayed. Unless a different amount is specified by the shipper, the declared value on a C.O.D. shipment shall be deemed to be the C.O.D. amount.
7. All shipments may, at Forwarders option, be opened and inspected.
8. The shipper and the consignee shall be liable, jointly and severally, (a) for all unpaid charges payable on account of a shipment pursuant to this Contract, and (b) to pay or indemnify Forwarder for all claims, fines, penalties, damages, costs or other sums which may be incurred by Forwarder by reason of any violation of the Contract or any other default of this shipper or consignee or their agents.
9. In the event of failure or inability of the consignee to take delivery of the shipment, Forwarder will notify shipper in writing at the address shown on the airbill and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of Forwarder's notice, Forwarder will return the shipment to the shipper at shipper's expense. If the shipper fails to accept delivery of a shipment thus returned, Forwarder may, upon 30 days written notice to the shipper, dispose of the shipment at public or private sale and pay itself out of the proceeds to satisfy the transportation charges owing on the shipment.
10. Forwarder will exercise due diligence in routing shipments in the absence of specific contrary instructions by the shipper or the airbill. Forwarder may divert any shipment to surface transportation in order to expedite its movement. Regardless of the method of transportation employed, the Forwarder's airfreight charges from origin to destination will apply.
11. Claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given to Forwarder must be reported in writing to Forwarder within 10 days after delivery of the shipment, with privilege to Forwarder to inspect the shipment and its container(s) and packing material within 15 days after receipt of such notice. (On shipments to Puerto Rico and Canada, claims must be reported within 7 days after delivery).
12. Claims for loss, damage or delay must be made in writing within a period of 240 days after the date of acceptance of the shipment by the Forwarder. (On shipments to Puerto Rico and Canada, claims must be made within 20 days.)
13. No claims with respect to a shipment, any part of which is received by the consignee, will be entertained until all transaction charges have been paid.
14. Claims for overcharges or duplicate billings must be made in writing within a period of two years after the date of acceptance of shipment by the Forwarder.
15. Forwarder shall not be liable in any action unless a claim has been filed and such action is brought within 1 year after the date written notice is given to the claimant that Forwarder has disallowed the claim in full or in part. (On shipments to Canada, action must be brought within 2 years after delivery of the shipment.)
16. International air carriage is subject to the rule relating to the liability established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929. The liability of Forwarder shall be limited to $9.07 per pound for all international carriage.
17. To the extent that it is not governed by Federal Law, this Contract and the tariffs incorporated by reference shall be construed and the performance of the transportation hereunder shall be determined in accordance with the laws of the State in which the shipment is accepted by the Forwarder. If any provision of this Contract, including the tariffs incorporated by reference, is determined to be invalid or unenforceable the remainder of the contract shall not be affected thereby.
18. Shipper shall be responsible for all costs, including reasonable attorney's fees, incurred by Advanced Global Logistics in collecting the charges due from shipper to Advanced Global Logistics pursuant to this airbill. Shipper is also responsible for collect shipments via Advanced Global Logistics if deemed uncollectable from consignee after 90 days.
19. Forwarder shall have a lien on this shipment to all sums due and payable to Forwarder.
Cargo items tendered for air transportation are subject to aviation security
controls by air carriers and when appropriate, other government regulations.
Copies of all relevant shipping documents showing the cargo's consignee,
consignor, description and other relevant data will be retained on file until
the cargo completes its air transportation".
International Air Conditions of Contract
Notice concerning carriers' limitation of liability - If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the convention governs and in most cases limits the liability of the carrier in respect of loss damage or delay to cargo to 250 French Gold Francs per Kilogramme. Unless a higher value is declared in advance by the shipper and a supplementary charge paid if required, the liability limit of 250 French Gold Francs per Kilogramme is approximately US $20.00 per Kilogramme on the basis of US $42.22 per ounce of gold.
Conditions of Contract
1) As used in this contract "Carrier" means all air carriers that carry or undertake to carry the goods hereunder or perform any other services incidental to such air carriage. "Warsaw Convention" means the Convention for the Unification of certain rules relating to International carriage by Air, signed at Warsaw, 12 October 1929, or that Convention as amended at the Hague, 28 September 1955, whichever may be applicable and "French gold francs" means francs consisting of 651/2 milligrams of gold with a fineness of nine hundred thousandths.
2) a) Carriage hereunder is subject to the rules relating to liability established by the Warsaw Convention unless such carriage is not "international carriage" as defined by the Convention. b) To the extent not in conflict with the foregoing carriage hereunder and other services performed by each Carrier are subject to: i) Applicable laws (including national laws implementing the Convention) government regulations, orders and requirements ii) Provisions herein set forth, and iii) Applicable tariffs, rules, conditions of carriage regulations and timetables (but not the times of departure and arrival therein) of such carrier, which are made part hereof and which may be inspected at any of its offices and at airports from which it operates regular services. In transportation between a place in the United States or Canada and any place outside thereof the applicable tariffs are the tariffs in force in those countries.
3) The first Carrier's name may be abbreviated on the face hereof, the full name and its abbreviation being set forth in such Carrier's tariffs, conditions of carriage, regulations and timetables. The first Carrier's address is the airport of departure shown on the face hereof. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and the place of destination set forth on the face hereof or shown in Carrier's timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive carriers is regarded as a single operation.
4) Except as otherwise provided in Carrier's tariff or conditions of carriage. In carriage to which the Warsaw Convention doe not apply, Carrier's liability shall not exceed US $20.00 or the equivalent per kilogramme of goods lost, damaged or delayed, unless a higher value is declared by the shipper and a supplementary charge paid.
5) If the sum entered on the face of the Air Waybill as "Declared Value for Carriage" represents an amount in excess of the applicable limits of liability referred to in the above Notice and in these Conditions and if the shipper has paid any supplemental charge that may be required by the Carrier's tariff, conditions of carriage or regulations, this shall constitute a special declaration of value and in this case Carrier's limit of liability shall be the sum so declared. Payment of claims shall be subject to proof of actual damages suffered.
6) In cases of loss, damage or delay of part of the consignment, the weight to be taken into account in determining Carrier's limit of liability shall be only the weight of the package(s) concerned. NOTE: Notwithstanding any other provision for foreign air transportation as defined in the U.S. Federal Aviation Act, as amended. In case of loss or damage or delay of a shipment or part thereof, the weight to be used in determining the carrier's limit of liability shall be the weight, which is used (or a pro rata share in the case of a part shipment loss, damage or delay) to determine the transportation charge for such shipment.
7) Any exclusion or limitation of liability applicable to Carrier shall apply to and be for the benefit of Carrier's agents, servants and representatives and any person whose aircraft is used by Carrier for carriage and its agents, servants and representatives. For purposes of this provision Carrier acts herein as agent for all such persons.
8) a) Carrier undertakes to complete the carriage hereunder with reasonable dispatch. Carrier may substitute alternate carriers or aircraft and may without notice and with due regard to the interests of the shipper substitute other means of transportation. Carrier is authorized to select the routing or to change or deviate from the routing shown on the face hereof. This subparagraph is not applicable to/from USA. b) Carrier undertakes to complete the carriage hereunder with reasonable dispatch. Except within USA where carrier tariffs will apply. Carrier may substitute alternate carriers or aircraft and may without notice and with due regard to the interests of the shipper substitute other means of transportation. Carrier is authorized to select the routing or to change or deviate from the routing shown on the face hereof. This subparagraph is applicable only to/from USA.
9) Subject to conditions herein the Carrier shall be liable for the goods during the period they are in its charge or the charge of its agent.
10) a) Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for carriage due in accordance with Carrier's tariffs, conditions of carriage and related regulations applicable laws (including national laws implementing the Convention) government regulations orders and requirements. b) When no part of the consignment is delivered, a claim with respect to such consignment will be entertained even though transportation charges thereon are unpaid.
11) Notice of arrival of goods will be given promptly to the consignee or to the person indicated on the face thereof as the person to be notified. On arrival of the goods at the place of destination, subject to the acceptance of other instructions from the consignor prior to arrival of the goods at the place of destination, delivery will be made to or in accordance with the instructions of the consignee. If the consignee declines to accept the goods or cannot be communicated with, disposition will be in accordance with instructions of the consignor.
12) a) The person entitled to delivery must make a complaint to the Carrier in writing in the case i) of visible damage to the goods, immediately after discovery of the damage and at the latest within 14 days from receipt of the goods. ii) of other damage to the goods, within 14 days from the date of receipt of the goods iii) of delay, within 21 days of the date the goods are placed at his disposal, and iv) of non-delivery of the goods within 120 days from the date of the issue of the Air Waybill. b) For the purpose of subparagraph (a) above complaint in writing may be made to the Carrier whose Air Waybill was used, or to the first Carrier or to the last Carrier or to the Carrier who performed the transportation during which the loss, damage or delay took place: c) Any rights to damage against carrier shall be extinguished unless an action is brought within two years from the date of arrival at destination, or from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped.
13) The shipper shall comply with all applicable laws, and government regulations of any country to, from, through or over which the goods may be carried, including those relating to the packing, carriage or delivery of the goods and shall furnish such information and attach such documents to the Air Waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to the shipper for loss or expense due to the shipper's failure to comply with this provision.
14) No agent, servant or representative of Carrier has authority to alter, modify or waive any provisions of this contract.
15) On request and if the appropriate premium is paid and the fact recorded on the face hereof, the goods covered by this Air Waybill are insured under an open policy for the amount requested as set out on the face hereof (recovery being limited to the actual value of goods lost or damaged provided that such amount does not exceed the insured value). The insurance is subject to the terms, conditions and coverage (from which certain risks are excluded) of the open policy, which is available for inspection at an office of the issuing Carrier by the interested party. Claim under such policy must be reported immediately to an office of Carrier.
SHIPPERS SECURITY NOTIFICATION
"Cargo items tendered for air transportation are subject to aviation security controls by air carriers and when appropriate, other government regulations. Copies of all relevant shipping documents showing the cargo's consignee, consignor, description and other relevant data will be retained on file until the cargo completes its air transportation".
Ocean Bill of Lading
Received in apparent good order and condition unless otherwise stated herein, for shipment on board the ocean vessel mentioned herein or on board the feeder vessel or other means of transportation (rail or truck) if named herein the goods or packages or containers said to contain goods, hereinafter call "the Goods", specified herein for carriage from the port of loading named herein or place of receipt if mentioned herein, on a voyage as described and agreed by the Bill of lading and discharge at the port of discharge named herein or delivery at the place of delivery if mentioned herein, such carriage, discharge or delivery being always subject to the exceptions, limitations, conditions and liberties hereinafter agreed, in the order and condition at the port of discharge or place of delivery if named as the case may be, for delivery unto the Consignee mentioned herein or to his or their assigns where the Carrier's responsibilities shall in all cases and all circumstances whatsoever finally cease.
Full freight hereunder shall be due and payable by the shipper in cash without deduction on receipt of the Goods or part thereof by the Carrier for shipment and shall be deemed to have been fully earned upon such receipt of goods. All charges due hereunder together with freight shall be due from and payable by the Shipper, Consignee, Owner of the Goods or Holder of the Bill of Lading (who shall be jointly and severally liable to the Carrier therefore) on demand at such port or place as the Carrier may require, vessel or other means of transportation or cargo lost or not lost from any cause whatsoever.
The freight stated herein to be paid or payable has been calculated and based on the particulars of the Goods furnished by the Shipper to the Carrier. The Carrier shall be entitled at any time to open and re-classify or reweigh or re-measure or re-value any goods, and freight shall be paid on the proper classification or the excess weight or measurement or value if any) as the case may be so ascertained. The expenses of and incidental to reclassifying or re-weighing or re-measuring or re-valueing shall be borne by the Carrier if the classification or weight or measurement or value as furnished by the Shipper is found to be correct but otherwise such expenses shall be considered as freight and shall be borne and paid by the Shipper, Consignee, Owner of the Goods and/or Holder of the Bill of Lading. The Shipper shall, if required by the Carrier so to do, furnish forthwith on demand to the Carrier the invoice or true copy thereof relating to the Goods.
Agents signing the Bill of Lading on behalf of the Company or Line by whom the Bill of Lading is issued have only the limited authority at common law of a vessel's master signing a Bill of Lading.
Notwithstanding the heading "Combined Transport Bill of Lading", the provision set out and referred to in this document shall also apply if the transport as described on the face of the Bill of Lading is performed by one mode of transport only.
THE TERMS OF THE BILL OF LADING ARE HEREBY MUTUALLY AGREED UPON AS FOLLOWS:
The Bill of Lading shall have effect subject to the provision of the "Carriage of Goods by Sea Act 1936" ("COGSA") of the United States of America in respect of carriage of goods from ports in the United States. Otherwise the Bill of Lading shall have effect subject to the provision of the Hague Rules contained in the International Convention for Unification of certain Rules relating to Bills of Lading, dated Brussels, August 25, 1924, as enacted in the country of shipment, or the said Hague Rules as amended by Protocol signed at Brussels on the 23rd February, 1968 (the Hague Visby Rules), or if no such enactment is compulsorily applicable, the provision of said convention in its unamended form shall apply. If any provision of the Bill of Lading be invalid under COSGSA or any other law that is compulsorily applicable, such provision shall, to the extent of such invalidity, but no further, be null and void.
"Carrier" means the Owners or dimise Charterer of the ocean vessel on whose behalf the Bill of has been issued.
"Goods" means the cargo accepted from the Shipper and includes any Container not supplied by or on behalf of the Carrier.
"Container" includes any container, trailer, transportable tank, flat or pallet.
"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 the Bill of Lading and anyone acting on behalf of any such persons.
"Holder" means any person for the time being in possession of the Bill of Lading to whom the property in the Goods has passed on or by reason of the consignment of the Goods of the endorsement of the Bill of Lading or otherwise.
"The Internal Law of a State" Shall be deemed to exclude all principles of private international law applied by such State.
The terms of the Carrier's applicable Tariff are incorporated herein. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier upon request. In the case of inconsistency between the Bill of Lading and the applicable Tariff, the Bill of Lading shall prevail.
(1) The Carrier shall be entitled to sub-contract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by the Carrier in relation to the Goods.
(2) The Merchant undertakes that no claim or allegation shall be made against any servant, agent, stevedore or sub-contractor of the Carrier which imposes or attempts to impose upon any of them or any vessel owned or chartered by any of them and liability whatsoever, in connection with the Goods, 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, agent, stevedore and subcontractor shall have the benefit of all provision herein benefiting the Carrier as if such provisions were expressly for their benefit, and all limitations of and exonerations from liability provided to the Carrier by law and by the terms hereof shall be available to them, and, in entering into this contract the Carrier, to the extent of those provisions, does so not only on its own behalf, but also as agent and trustee for such servants, agents, stevedores and sub-contractors.
(3) The expression "subcontractor" in this clause shall include direct and indirect subcontractors and their respective servants and agents.
4. CARRIER'S RESPONSIBILITY.
The Carrier undertakes responsibility from the place of receipt if named herein or from the port of loading to the port of discharge or the place of delivery if named herein as follows:
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, or where it cannot be established where the loss or damage occurred, the liability of the Carrier shall be determined in accordance with the provisions of the International Convention for the Unification of Certain Rules relating to Bills of Lading dated Brussels the 25th August, 1924, or where compulsorily applicable the Carriage of Goods by Sea Act of the United States 1936 or of like Statues of other countries, including any national law giving effect to the Hague Visby Rules.
If it can be proved that the loss or damage occurred while the Goods were in the custody of the inland carrier the liability of the Carrier and the limitation thereof shall be determined in accordance with the inland carrier's contracts of carriage and tariffs, or in the absence of such contracts or tariffs, in accordance with the internal law of the State where the loss or damage occurred.
In no event shall the liability of the carrier exceed the amount of compensation payable under Clause 5.
The Carrier shall be entitled to the full benefit of and right to all limitations of or exemptions from liability authorized by any provision of Section 4281 to 4289 of the Revised Statutes of the United States of America and amendments thereto and of any other provision of the laws of the United States or of any other country whose laws shall apply.
Nothing in the Bill of Lading, expressed or implied, shall be deemed to waive or operate to deprive the Carrier of or lessen the benefits of any such rights, immunities, limitations or exemptions.
5. THE AMOUNT OF COMPENSATION.
(1) When the Carrier is liable for compensation in respect of loss of or damage to the Goods, such compensation shall be calculated by reference to the invoice value of the Goods plus freight and insurance if paid.
(2) In no event shall the Carrier be or become liable for any loss of or damage to or in connection with the Goods in an amount exceeding the limit per package or unit (meaning the unit in which the cargo is shipped; container stuffed by the Merchant to be considered as a unit) provided for by the United States Carriage of Goods by Sea Act, Section 4 (5) or by any similar act in force according to the provisions of clause 4 unless the nature and value of such goods have been declared by the Shipper before shipment, agreed by the Carrier, inserted in the Bill of Lading and moreover freight paid on "ad valorem" basis. Whenever the value of the Goods is less than such an amount this value in the calculation and the adjustment of claims for which the Carrier may be liable shall for the purpose of avoiding uncertainties and difficulties in fixing values be deemed to be the invoice value plus freight and insurance, if paid, irrespective of whether any other value is greater or less.
(3) Higher compensation may be claimed only when, with the consent of the Carrier, the value of the Goods declared by the Shipper which exceeds the limits laid down in this clause has been stated in the Bill of Lading. In that case the amount of the declared value shall be substituted for that limit. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.
(1) The Carrier does not undertake that the Goods shall arrive at the port of discharge or the place of delivery at any particular time or to meet any particular market or use and save as is provided in clause 4 the Carrier shall in no circumstances be liable for any direct, indirect or consequential loss or damage caused by delay. If the Carrier should nevertheless be held legally liable for any such direct or indirect or consequential loss or damage caused by delay, such liability shall in no event exceed the freight paid for the transport covered by the Bill of Lading.
(2) Save as is otherwise provided herein, the Carrier shal in no circumstances be liable for direct or indirect or consequential loss or damage arising from any other cause.
(3) The terms of the Bill of Lading shall govern the responsibility of the Carrier in connection with or arising out of the supplying of a Container to the Merchant whether before or after the Goods are received by the Carrier for transportation or delivered to the Merchant.
7. NOTICE OF LOSS, TIME BAR.>
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Carrier or his agents at the port of discharge or the place of delivery as the case may be before or at the time of removal of the goods in to the custody of the merchant such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as described in the Bill of Lading. If the loss or damage is not apparent, then notice must be given within three days of the delivery. In any event, the Carrier shall be discharged from any liability unless suit is brought within one year after delivery of the goods or the date when the Goods should have been delivered.
8.DEFENCES AND LIMITS FOR THE CARRIER.
The defenses and limits of liability provided for in the Bill of Lading shall apply in any action against the Carrier for loss of or damage to the Goods whether the action be founded in contract or in tort.
9. HIPPER-PACKED CONTAINERS.
(1) If a container has not been filled, packed, stuffed or loaded by 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 injury, loss, damage, liability or expense incurred by the Carrier if such injury, loss, damage, liability or expense has been caused by: -
(a) the manner in which the Container has been filled, packed, stuffed or loaded; or
(b) the unsuitability of the contents for carriage in Containers; or
(c) the unsuitability or defective condition of the Container which would have been apparent upon reasonable inspection by the Merchant at or prior to the time the Container was filled, packed, stuffed or loaded.
(2) If a Container which has not been filled, packed, stuffed or loaded by the Carrier is delivered by the Carrier with seals intact, such delivery shall be deemed as full and complete performance of the Carrier's obligation hereunder and the Carrier shall not be liable for any loss of or damage to the contents of the Container.
(3) The Shipper shall inspect Containers before stuffing them and the use of the containers shall be prima facie evidence of their being sound and suitable for use.
10. 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 the Bill of Lading. The Merchant shall indemnify the Carrier against any reasonable additional expense so incurred.
11. DESCRIPTION OF GOODS.
No representation is made by the Carrier as to the weight, contents, measure, quantity, quality, description, condition, marks numbers or value of the Goods and the Carrier shall be under no responsibility whatsoever in respect of such description or particulars.
(1) 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 the Bill of Lading and that such particulars and any other particulars furnished by or on behalf of the Shipper are correct.
(2) The Shipper shall indemnify the Carrier against all loss, damage or expenses arising or resulting from inaccuracies or inadequacy of such particulars.
13. FREIGHT AND CHARGES.
(1) The Merchant's attention is drawn to the stipulations concerning currency in which the freight and charges are to be paid, rate of exchange, devaluation and other contingencies relative to freight and charges in the applicable tariff.
(2) The freight has been calculated on the basis of particulars furnished by or on behalf of the Shipper. The Carrier may at any time open an Container or other Package or Unit in order to re-weight, re-measure, reclassify or re-value the contents, and if the particulars furnished by or on behalf of the Shipper are incorrect, it is agreed that a sum equal to the difference between the correct freight and the freight charged shall be payable by the Merchant to the Carrier.
(1) The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier under this contract and for general average contributions to whomsoever due and for the cost of recovering the same, and for that purpose shall have the right to sell the Goods by Public Auction or private treaty without notice to the Merchant. If on sale of the Goods the proceeds fail to cover the amount due and the cost incurred, the Carrier shall be entitled to recover the deficit from the Merchant.
(2) 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.
15.OPTIONAL STOWAGE, DECK CARGO AND LIVESTOCK.
(1) The Goods may be stowed by the Carrier in Containers or similar articles of transport used to consolidate goods.
(2) Goods stowed in Containers, whether by the Carrier or by the Merchant, may be carrier on deck or under deck without notice to the Merchant unless on the face thereof it is specifically stipulated that the Containers will be carried under deck, and if carried on deck, the Carrier shall not be required to note, mark or stamp on the Bill of Lading any statement of such on deck carriage. Such goods (other that livestock) whether carried on deck or under deck and whether or not stated to be carried on deck shall participate in general average and shall be deemed to be within the definition of Goods for the purpose of the Hague Rules or similar provision of any other Act which may be applicable.
(3) Goods (not being goods stowed in Container other than flats or pallets) which are stated herein to be carried on deck and livestock, whether or not carrier 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 unseaworthiness or negligence or any other cause whatsoever.
16. METHODS AND ROUTES OF TRANSPORTATION.
(1) The Carrier may at any time and without notice to the Merchant -
(a) use any means of transport or storage whatsoever;
(b) transfer the Goods from one conveyance to another including trans-shipping or carrying the same on another vessel than the vessel named overleaf or on any other means of transport whatsoever and even though trans-shipment or forwarding of the Goods may not have been contemplated or provided for herein;
(c) sail without pilots, proceed via any route, proceed to, return to and stay at any port or place whatsoever (including the port of loading herein provided) in any order in or out of the route or in a contrary direction to or beyond the port of discharge once or oftener for bunkering or loading or discharging cargo or embarking or disembarking any person(s) whether in connection with the present a prior or subsequent voyage or any other purpose whatsoever, and before giving a delivery of the Goods at the port of discharge or the place of delivery herein provided and with liberties as aforesaid leave and then return to and discharge the Goods at such port, tow or be towed, make trial trips, adjust compasses, or repair or drydock, with or without cargo onboard;
(d) load and unload the Goods at any port or place (whether or not any such port is named overleaf as the Port of Loading or Port of Discharge) and store the Goods at any such port or place;
(e) comply with any orders or recommendations given by any government or authority or any person or body 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.
(2) Anything done or not done in accordance with sub-clause (1) or any delay arising therefrom shall be deemed to be within the contractual carriage and shall not be a deviation.
17.MATTERS AFFECTING PERFORMANCE.
(1) If at any time the performance of the contract evidenced by the Bill of Lading is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of whatsoever kind which cannot be avoided by the exercise of reasonable endeavours, the Carrier (whether or not the transport has 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 port or place whatsoever which the Carrier or Master may consider safe and advisable in the circumstances, whereupon the responsibility of the Carrier in respect of such goods shall cease. The Carrier shall nevertheless be entitled to full freight and charges on Goods received for transportation, and the Merchant shall pay any additional costs of carriage to any delivery and storage at such port or place.
(2) The circumstances referred to in sub-clause (1) above shall include, but shall not be limited to, those caused by the existence or apprehension of war declared or undeclared, hostilities, warlike or belligerent acts or operations, riots, civil commotions or other disturbances, closure of , obstacles in or danger to any canal; blockade of port or place of restrictions; strikes, lockouts or other labor troubles whether partial or general and whether or not involving employees of the Carrier or his subcontractors; congestion of port, wharf, sea terminal or any other place; shortage, absence or obstacles of labour or facilities for loading ,discharge, delivery or other handling of the Goods; epidemics or diseases; bad weather, shallow water, ice, landslide or other obstacle in navigation or haulage.
18. REFRIGERATED CARGO.
(1) The Merchant undertakes not to tender for transportation any Goods which require refrigeration without previously giving written notice of their nature and particular temperature range to be maintained and in case of a refrigerated Container packed by or on behalf of the Merchant further undertakes that the Goods have been properly stowed in the Container and that its thermostatic controls have been adequately set by him before receipt of the Goods by the Carrier.
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.
(2) The carrier shall not be liable for any loss of or damage to the Goods arising from latent defects, derangement, breakdown, stoppage of the refrigerating machinery, plant, insulation and/or any apparatus of the Container, vessel, conveyance and any other facilities whatsoever provided that the Carrier shall before or at the beginning of the transport exercise due diligence to maintain the refrigerated Container in an efficient state.
(1) The Merchant undertakes not to tender for transportation any Goods which are of a dangerous, inflammable, radioactive or damaging nature without previously giving written notice of their nature to the Carrier and marking the Goods and the Container or other covering on the outside as required by any laws or regulations which may be applicable during the carriage. The Carrier or the Master may however, in their absolute discretion reject any such cargo.
(2) If the requirements of sub-clause (1) are not complied with the Goods may at any time or place be unloaded, destroyed, or rendered harmless without compensation and the Merchant shall indemnify the Carrier against all loss, damage or expense arising out of the Goods being tendered for transportation or handled or carrier by the Carrier. Further the Carrier shall be under no liability to make any general average contribution in respect of such Goods.
(3) If the Goods of a dangerous, inflammable, radioactive or damaging nature, which were tendered in compliance with sub-clause (1) shall become a danger to the vessel, cargo or any other property or person, such goods may in like manner be unloaded, destroyed or rendered harmless without compensation and the Merchant shall indemnify the Carrier against all loss, damage or expense which the Carrier could not avoid by the exercise of reasonable diligence but incurred as a result of the carriage of such Goods.
20.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 incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods, and indemnify the Carrier in respect thereof.
21.NOTIFICATION AND DELIVERY.
(1) Any mention in the Bill of Lading of parties to be notified of the arrival of the Goods is solely for information of the Carrier, and failure to give such notification shall not involve the Carrier in any liability nor relieve the Merchant of any obligation hereunder.
(2) The Merchant shall take delivery of the Goods within the time provided for in the Carrier's applicable Tariff.
(3) If the Merchant fails to take delivery of the Goods or part of them in accordance with the Bill of Lading, the Carrier may without notice unstow 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.
(4) The Merchant's attention is drawn to the stipulation concerning free storage time and demurrage contained in the Carrier's applicable Tariff, which is incorporated in the Bill of Lading.
(5) The Carrier may in his absolute discretion receive the Goods as Full Container Load and deliver them as Less that Full Container Load and/or as split 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.
(6) The Carrier may in his absolute discretion receive the Goods as Less than Full Container Load and deliver them as Full Container Load, in such event the Carrier shall not be liable for any shortage, loss, damage or discrepancies of the Goods, which were not apparent at the time of such delivery, provided that he shall have exercised ordinary care in packing the Containers.
22.BOTH-TO-BLAME COLLISION CLAUSE.
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 the management of the carrying ship, the Merchant undertakes to pay the Carrier, or default in the navigation or the 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 charterer of the carrying ship, a sum sufficient to indemnify the Carrier and/or the owner and/or demise charterer of the carrying ship against all loss or liability to the other or non-carrying ship or her owners insofar as such loss or liability represents loss of or damage to, or any claim whatsoever of the Merchant, paid or payable by the other or non-carrying ship or her owners to the Merchant and set off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or her owner or demise charter or the Carrier. The foregoing provisions shall also apply where the owners, operators, or those in charge or any ship or ships or objects, other than, or in addition to, the colliding ships or objects, are at fault in respect to a collision, contact, stranding or other accident.
23.NEW JASON CLAUSE.
(1) In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequence of which the Carrier is not responsible, by statute, contract or otherwise, the Goods and the Merchant shall jointly and severally contribute with the Carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the Goods.
(2) If a salving ship is owned or operated by the Carrier, salvage shall be paid for a fully as if the said salving ship belonged to strangers.
24. GENERAL AVERAGE.
(1) General average shall be adjusted at any port or place in the option of the Carrier in accordance with the York-Antwerp Rules 1974.
(2) Such deposit as the Carrier may deem sufficient to cover the estimated contribution of the Goods and any salvage and special charges thereon shall if required be made by the Merchant to the Carrier before delivery. If the Carrier delivers the Goods without obtaining security for general average contributions, the Merchant, by taking delivery of the Goods, undertakes personal responsibility to pay such contributions and to provide such cash deposit or other security for the estimated amount of such contribution as the Carrier shall reasonably require.
(3) The Carrier shall be under no obligation to exercise any lien for general average contribution due to the Merchant.
25.VARIATION OF THE CONTRACT ETC.
No servant or agent of the Carrier shall have power to waive of vary any terms of the Bill of Lading unless such waiver or variation is in writing and is specifically authorized or ratified in writing by the Carrier.