I. GENERAL PROVISIONS
Notwithstanding the heading “Combined Transport”, the provisions set out and referred to in this Bill of Lading shall also apply, if the transport as described in this Bill of Lading is performed by one mode of transport only.
“Carrier” means the party on whose behalf this Bill of Lading has been signed. ”Actual Carrier” is the party that performs the contract.
“Merchant” includes the Shipper, the Receiver, the Consignor, and the Consignee, the holder of this Bill of Lading and the owner of the goods.
“Holder” means any person in lawful possession of this Bill of Lading and to whom the property in the goods has passed by consigning the goods or endorsement of this Bill of Lading.
“Goods” means the cargo received from the Shipper and includes a container not supplied by the carrier.
“Container” includes a Container, trailer, transportable tank, flat rack, pallet or any other form of cargo carrying unit whatsoever.
“Carriage” means the whole of the operations and the services undertaken by the carrier in respect of the goods. “Combined Transport” is when the place of acceptance and/or the place of delivery are set out on page one in the relevant margins.
The contract evidenced by this Bill of Lading is between the Merchant and the Owner of the vessel named on page one (or substitute).
It is expressly agreed that the registered owner shall be liable for any and all damage or loss due to or any breach of contract or non-performance of an obligation arising from the contract of carriage whether relating to the vessels seaworthiness or not.
The address and style of the registered owners is available from Lloyd’s Register or the agents issuing this document. If, notwithstanding the above mentioned, it is adjudged that any other party is the Carrier and/or bailee under this contract, all limitations and exonerations from liability provided for by law or by this Bill of Lading shall be available to this other party.
3. Carrier’s Tariff.
The terms of the Carrier’s applicable Tariff at the date of shipment are incorporated herein. Copies of the relevant provisions of the applicable Tariff are available from the Carrier and/or their agents. In the case of inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.
4. 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 have or should have been delivered.
5. Law and Jurisdiction.
Disputes arising under this Bill of Lading shall be determined by the High Court of Justice in London and in accordance with the English law.
II. PERFORMANCE OF THE CONTRACT
(1) The Carrier shall be entitled to subcontract the whole or any part of the contract of carriage, loading,
unloading, storing, warehousing, handling including, but not limited to all duties usually undertaken by a Carrier.
(2) For the purpose of this contract and subject to the provisions of this Bill of Lading, the Carrier shall be
responsible for the acts and omissions of persons whose services it engages to perform this contract of carriage.
7. Methods and Routes of Transportation.
(1) The Carrier is entitled to perform the transport and all services related thereto in a reasonable manner and by all reasonable means, methods and routes.
(2) In accordance herewith, as example, in the event of carriage by sea, vessels may sail with or without pilots,
undergo repairs, adjust equipment, dry-dock and tow vessels and assist other vessels including sister-ships in all
8. Optional Stowage
(1) Goods may be stowed by the Carrier by means of and in, for example, containers, trailers, transportable tanks, flats, pallets, or similar articles of transport used to consolidate goods.
(2) Containers, trailers, transportable tanks and covered and uncovered flats, whether stowed by the Carrier or
received by it in a stowed condition from the Merchant, may be carried on or under deck without notice to the Merchant and if so carried, the Hague Rules as incorporated herein shall apply notwithstanding carriage on deck and the goods and/or containers shall contribute to General Average as if carried under deck. Notwithstanding anything contained in paragraph 2 above the carrier shall be under no liability whatsoever for loss, damage or delay howsoever occurring to goods stated on page two overleaf hereof to be carried on deck or so carried or to live animals whether or not carried on or under deck.
9. Hindrances affecting performance
(1) The Carrier shall use reasonable endeavours to complete the transport and to deliver the goods at the place
designated for delivery or as near thereto as under the prevailing circumstances possible.
(2) If at any time the performance of the contract as evidenced by this Bill of Lading is or will be affected by any
hindrance, risk, delay, difficulty or disadvantage of whatsoever kind, and if by virtue of sub-clause 8 (1) the
Carrier has no duty to complete the performance of the contract, the Carrier (whether or not the transport is
commenced) may elect to:
(a) treat the performance of this Contract as terminated and place the goods at the Merchant’s disposal at any place which the Carrier shall deem safe and convenient; or
(b) deliver the goods at the place designated for delivery against the shipper or merchant paying the extra
(3) If the goods are not taken delivery of by the Merchant within a reasonable time after the Carrier has
called upon it to take delivery, the Carrier shall be at liberty to put the goods in safe custody on behalf of the
Merchant at the latter’s risk and expense.
(4) In any event the Carrier shall be entitled to full freight for goods received for transportation and
additional compensation for extra costs resulting from the circumstances referred to above.