From hereon, CHINA SHIPPING CONTAINER LINES will be referred to as “Carrier”.
“Merchant” includes the consignor, the shipper, the receiver, the owner of the Goods, the lawful holder or endorsee of this Bill of Lading, or any other person having any present or future interest in the Goods or this Bill of Lading, or anyone authorized to act on behalf of any of the foregoing.
“Vessel”, where the context so admits, includes the Vessel named in Box 6 of this Bill of Lading or any substitute therefor, and any feeder vessel, lighter or barge used by or on behalf of the Carrier in connection with any sea borne leg of the carriage.
“Sub-contractor” includes owners and operators of vessels (other than the Carrier), stevedores, terminal, warehouse, depot and group operators, road and rail transport operators and any independent contractor employed by the Carrier in the performance of their respective servants, agents or Sub-contractors.
“Goods” means the whole or any part of the cargo received from the Merchant, and includes any container not supplied by or on behalf of the Carrier.
“Package” means each Container stuffed and sealed by, or on behalf of, the Merchant, and not the items packed in such Container if the number of such items is not indicated on the front of this Bill of Lading, or is indicated by the terms such as “Said to contain”, or similar expressions.
“Shipping unit” means any physical unit of cargo not shiped in a package but described in Bs/L, including machinery, vehicles and boats, except goods shipped in bulk.
“Container” includes any Container, open top trailed, transportable tank, flat rack, platform, pallet, and any other equipment or device used for or in connection with the transportation of the Goods.
The terms of the Carrier’s applicable Tariff and other requirements regarding charges are incorporated into this Bill of Lading. Particular attention is drawn to the terms contained therein, including, but not limited to free storage time. Container and vehicle demurrage, etc. and copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or his agents upon request. In case of any inconsistency between this Bill of Lading and the applicable Tariff, the Bill of Lading shall prevail.
(1) The Carrier shall have the right at any time and on any terms whatsoever to sub-contract the whole or any part of the carriage with any Sub-contractor and/or to substitute any other vessel or means of transport for the Vessel.
(2) The Merchant undertakes that no claim or legal action whatsoever shall be made or brought against any person by whom the carriage is performed or undertaken (including but not limited to the Carrier’s servants, agents or Sub-contractors) other than the whatsoever in connect Carrier, which imposes upon any such person, or any vessels owned or operated by such person, any liability whatsoever in connection with the Goods or the carriage thereof whether or not arising out of negligence in the part of such person. Should any such claim or legal action nevertheless be made or brought, the Merchant undertakes to indemnity the Carrier against all consequences thereof including legal expenses in a full indemnity basis. Without prejudice to the foregoing every such person or vessel, including but not limited to the Carrier’s servants, agents, or Sub-contractors as defined in Clause 1 above, shall have the benefit of every exemption, defense and limitation herein contained applicable to the Carrier, in contract or in tort, as if such provision were expressly contracted for its benefit and in entering into this contract, the Carrier, to the extent of such exemptions, defenses and limitations, does so not only on its behalf, but also as an agent and trustee for such person or vessel.
(1) Port to Port Shipment
If boxes 6,7 and 8, but not boxes 4,5 and 9, are filled in on the front of this Bill of Lading then it is a Port-to Port contract. The Carrier shall be responsible for the Goods as Carrier from the time when the Goods are received by the Carrier at the Port of Loading until the arrival of the vessel at the port of discharge, delivering the Goods to the Merchant or to the Authority as required by local laws or regulations, whichever occurs earlier.
(2) Combined Transport
If Box 4, Box 5 and/or Box 9 are filled in on the front of this Bill of Lading and the place(s) or port(s) indicated therein is/are place(s) or port(s) other than that indicated in Box 7 and Box 8 and Freight is paid for combined transport, this Bill of Lading is a document which serves as a combined transport contract. The Carrier undertakes to arrange or procure the pre-carriage and/or on-carriage segments of the combined transport. All claims arising from the combined transport carriage must be filed with the Carrier within 9 months after the delivery of the Goods or the date when the Goods should have been delivered. Failing to do so, the Carrier shall be discharged from all liabilities whatsoever in respect of the Goods. If any payment is made by the Carrier to the Merchant in respect of any claim arising under the combined transport carriage the Carrier shall be automatically subrogated to or given all rights of the Merchant against all others including pre-carrier or on-carrier or Sub-contractor on account of such loss of damage. Nothing herein contained shall be deemed a waiver of any rights that the Carrier may have against a pre-carrier or on-carrier or Sub-contractor for indemnify or otherwise.
(1) Unless notice of loss or damage is given in writing to the Carrier or its agent at the Port of Discharge or Place of Delivery before or on the date of delivery of the Goods, or if loss or damage is not apparent, within 15 consecutive days thereafter, such delivery shall be prima facie evidence of the delivery of the Goods by the Carrier and/or on-carrier in apparent good order and condition as described in this Bill of Lading.
(2) The Carrier, its servants, agents and Sub-contractors shall be discharged from all liabilities whatsoever unless suit is brought within one year of the Goods from the date when the Goods should have been delivered.
(1) The terms of this Bill of Lading shall at all times govern all responsibilities of the Carrier in connection with, or arising out of the carriage of the Goods not only during the carriage, but also during the period prior to and/or subsequent to the carriage as stipulated. The exemptions from liability, defenses and limitation of liability provided for herein or otherwise shall apply in any action against the Carrier for loss or damage or delay, howsoever occurring and whether the action be founded in contract or in tort and even if the loss, damage or delay arose as a result of unworthiness, negligence or fundamental breach of contract. Save as is otherwise provided herein, the Carrier shall in no circumstances whatsoever and howsoever arising liable for such loss or damage or loss of profits reasonably.
(2) The Carrier does not undertake that the Goods will be transported from or loaded at the place of receipt or loading or will arrive at the place of discharge, destination or transshipment aboard any particular vessel or other conveyance at any particular date or time or to meet any particular market or in time for any particular use. Scheduled or advertised departure and arrival times are only expected times and may be advanced or delayed if the Carrier shall find it necessary, prudent or convenient. The Carrier shall not in any circumstances whatsoever and howsoever arising be liable for loss and damage or any consequential loss or damage caused by delay.
(3) If the stage of the combined transport during which loss or damage occurred can be determined, the liability of the Carrier shall be governed by the national law(s) and/or international convention(s) applicable thereto. If the stage of the combined transport during which loss or damage occurred cannot be determined, the Merchant and the Carrier agree that it shall be deemed that the loss or damage occurred aboard the Carrier’s Vessel. In either case, clauses 5(2) and 7 shall apply.
(1) Except as provided for in Clause 7(2), this Bill of Lading shall be subject to the provisions of the Maritime Code of the People’s Republic of China as provided for in Clause 26(1). Neither the Carrier, its servants, agents, Sub-contractors, nor the Vessel shall in any event be liable for any loss of or damage to the Goods in any amount exceeding the limits per package or unit prescribed by that Code, unless the nature and value of the Goods have been declared by the Merchant before shipment and it is clearly inserted in this Bill of Lading (Box 12), but subject to that the Merchant has paid additional Freight on such declared nature and value.
(2) Where carriage includes carriage to or from or through a port or place in the United States of America, this Bill of Lading shall be subject to the provisions of the United States carriage of Goods by sea act, 1936 (US COGSA), and any amendments thereto, as provided for in clause 26(2) hereof. In such an event, neither the Carriers nor its servants, agents, sub-contracts and/or the vessel shall be liable for any loss of or damage to the Goods in an amount exceeding the limits per package or unit prescribed by US COGSA, unless the nature and value of the Goods have been declared by the merchant before shipment and inserted in this Bill of Lading (box 12) and the merchant has paid additional freight on such declared value.
(3) If a legal regime other than the Maritime Code of the People’s Republic of China or US COGSA is compulsorily applied to this Bill of Lading, the liability of the Carrier, if any, shall not exceed the limits per Package or Shipping Unit prescribed therein, unless the nature and value of the Goods have been declared by the Merchant and clearly inserted in this Bill of Lading (box 12) and the Merchant has paid additional Freight on such declared nature and value.
(4) For the purpose of this Clause, the declared nature and value shall be the basis for the Carrier to determine the liability of the Carrier provided that such declared value shall not be conclusive on the Carrier, and further provided that such declared nature and value does not exceed the true value of the Goods at destination. Any partial loss or damage shall be adjusted pro-rate on the basis of such declared value.
The Carrier shall not be liable for any loss of or damage to the Goods occurring at any time, including that before loading or after discharge howsoever by reason of whatsoever nature of fire, unless such fire is caused by making use of such an action and is the actual fault of the Carrier.
(1) Goods received in break bulk will be loaded by the Carrier in Containers, and the Carrier shall have the right to carry any Containers, whether or not loaded by the Carrier on deck or below deck. All such Goods shall participate in General Average. The terms of this Bill of Lading, including the Maritime Code of the People’s Republic of China and the US COGSA as provided for in Clause 26, shall apply to Containers carried on deck.
(2) If Carrier’s Containers and equipment are used by the Merchant for pre-carriage or on-carriage or unpacked at the Merchant’s premises, the Merchant is responsible for returning the empty Containers, with interiors brushed, clean and free of smell to the point or place designated by the Carrier, its servants or agents, within the time prescribed in the Tariff and/or required by the Carrier. Should a Container not be returned within the aforesaid time the Merchant shall be liable for any detention, demurrage, loss or expenses that may arise from such non-return.
(3) The Merchant shall be liable for any loss of, or damage to Carrier’s Containers and other equipment while in the custody of the Merchant or anyone acting on the Merchants behalf. The Merchant shall also be liable during such period for any loss of, or damage to the property of others, or for any injuries or death and the Merchant shall indemnify and hold the Carrier harmless against all damages whatsoever nature and howsoever arise, including, legal expenses, incurred from any and all such claims arising during such periods.
(1) If a Container has not been loaded by or on behalf of the Carrier, the Carrier shall not be liable for the loss of, or damage to the Goods and the Merchant shall indemnify the Carrier against any loss, damage, liability, or expense incurred by the Carrier if such loss, damage, liability or expense has been caused by:
(a) The manner in which the Container has been filled, packed, loaded or stuffed, or (b) the unsuitability of the Goods for carriage in the Goods for carriage in the Container, or (c) the unsuitability or defective condition of the Container, provided that, if the Container had been supplied by or on behalf of the Carrier, this unsuitability or defective condition could have been apparent upon inspection by the Merchant at, or prior to, the time when the Container was filled, packed, or loaded.
(2) The Merchant shall inspect Containers before loading them and the use of a Container shall be prima facie evidence of its being suitable and without defect.
(1) The Merchant’s description of the Goods loaded in a sealed Container by the Merchant, or on his behalf, shall not be binding on the Carrier, and the description declared by the Merchant on the front of this Bill of Lading is information provided by the Merchant solely for its own use including, but not limited to, the use of its freight forwarder. It is understood by the Merchant that the Carrier has not verified the contents, weight, or measurement of a sealed container. The Carrier makes no representation as to the contents of a sealed Container, van, crate or box hereunder, nor its weight or measurement, nor the value, quantity, quality, description, condition marks or number of the contents thereof. The Carrier shall be under no responsibility whatsoever in respect of such description or particulars.
(2) If any particulars of any letter of credit and/or import license and/or sales contract and/or invoice or order number and/or details of any contract to which the Carrier is not a party are shown on the front of this Bill of Lading, such particulars are included solely at the request of the Merchant for its convenience. The Merchant agrees that the inclusion of such particulars shall not be regarded as a declaration of value and shall in no way affect the Carrier’s liability under this Bill of Lading. The Merchant acknowledges that except as provided for in Clause 7 hereof, the value of the Goods is unknown to Carrier.
(1) The parties referred to, as “Merchant” in Clause 1, hereof, shall, where applicable, be jointly and severally liable to the Carrier for the due fulfillment of all obligations undertaken by any of them under this Bill of Lading.
(2) The Merchant warrants to the Carrier that the particulars relating to the Goods as set forth on the front of this Bill of Lading have been checked by the Merchant on the receipt of this Bill of Lading and that such particulars, and any particulars furnished by, or on behalf of, the merchant, are adequate and correct. The Merchant also warrants that the Goods are lawful Goods and are not contraband.
(3) The Merchant shall indemnify the Carrier against all liabilities, costs, losses, damages, fines, penalties, expenses or other sanctions of a monetary nature arising or resulting from any breach of the warranties in clause 12(2) hereof or from any other cause in connection with the Goods for which the Carrier is not responsible.
(4) The Merchant shall comply with all regulations or requirements of customs, port and other Authorities, and shall bear and pay all duties, taxes, fines, expenses or losses (including the full return Freight for the Goods returned, or if on-carried, the full Freight from the Port of Discharge, or the Place of Delivery nominated herein to the amended Port of Discharges or the amended Place of Delivery) incurred and/or sustained by reason of any failure to so comply, or by reason of any illegal, incorrect or insufficient marking numbering or addressing of the Goods, and shall indemnify the Carrier in respect thereof.
(1) All Freight shall be deemed fully, finally and unconditionally earned on receipt of the Goods by the Carrier and shall be paid and non-returnable in any event whatsoever.
(2) All Freight and charges shall be paid without any set-off, counter-claim, deduction, or stay of execution before delivery of the Goods.
(3) The merchant’s attention is drawn to the stipulations concerning currency in which the Freight is to be paid, rate of exchange, devaluation and other contingencies concerning the Freight in the applicable Tariff or as agreed otherwise.
(4) If the Merchant’s description of the Goods in this Bill of Lading or in any documents furnished to the Carrier by or on behalf of the merchant shall prove to have been inaccurate, incorrect or misleading in any respect, the Merchant shall pay for the actual damage suffered by the Carrier.
(5) Payment of Freight and charges to any freight forwarder or broker, or anyone other than the Carrier, or its authorized agent, shall not be considered payment to the Carrier and shall be made at the Merchant’s sole risk.
(6) The parties defined as Merchants in Clause 1 hereof shall, where applicable, be jointly and severally liable to the Carrier for payment of all Freight, demurrage, General Average and charges included, but not limited to court costs, expenses and reasonable attorney’s fees incurred in collecting sums due the Carrier failing, shall be considered a default by the Merchant in the payment of Freight and charges.
The Carrier, and/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. If, by order of the Authorities, at any place, a container must be opened for inspection, the Carrier shall not be liable for any loss or damage incurred as a result of the opening, unpacking, inspection, or repacking the Carrier shall be entitled to recover the cost of such opening, unpacking inspection, and repacking from the Merchant.
If it appears at anytime that the Goods cannot safely or properly be carried or carried further, either at all or without incurring any additional expenses, or taking any measure(s) in relation to the Goods or the Container, the Carrier may, without notice to the Merchant (but as its agent only), take any measure(s) and/or incur any additional expense to carry or to continue the carriage thereof, and/or sell, or dispose of the Goods, and/or abandon the carriage and/or store them ashore or afloat, under cover or in the open, at any place whichever the Carrier, in his absolute discretion, considers most appropriate. The abandonment, storage, sale or disposal thereof shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any additional expense so incurred.
The Carrier shall have a lien on the Goods and any documents relating thereto for Freight, dead Freight demurrage, detention, and for any expenses incurred by the Carrier for recompiling, repacking, remarking, fumigation or required disposal of faulty Goods, for General Average contributions to whomsoever are due, for fines, dues, tolls, land Freight, or commissions paid or advanced by the Carrier on behalf of the Goods, for any sums including salvage payable to the Carrier under this Bill of Lading and for legal expenses incurred because of any attachment or other legal proceedings brought against the Goods by governmental Authorities, or any person claiming an interest in the Goods. The Carrier’s lien shall survive discharge or delivery of the Goods and the Carrier shall give the right to enforce such lien by public auction or private sale in its discretion. Should the proceeds of sale gall to cover the amount due, including expenses incurred, the Carrier shall be entitled to recover the balance from the Merchant. Should such proceeds exceed the amount due, the balance shall be returned to the Merchant.
Goods (other than Goods stuffed in Containers) that are stated on the front of this Bill of Lading as contracted to stowed “on deck” and are so carried, and all live animals, including fish and birds, or plants shipped hereunder, shall be carried solely at the risk of the Merchant, and the Carrier shall not be liable for any loss or damage of whatsoever nature arising during carriage by sea whether or not arising out of negligence on the part of the Carrier. The Carrier shall be bound to prove that he has fulfilled the special requirements of the Merchant with regard to the carriage of live animals and that under the circumstances of the sea carriage, the loss or damage has occurred due to the special risks inherent therein. The Merchant shall indemnify the Carrier against all or any extra costs incurred for any reason whatsoever in connection with the carriage of such live animals or plants.
The Carrier may at any time during the carriage
(1) Use any means of transport or storage whatsoever;
(2) Transfer the Goods from one conveyance to another including transshipment, or carrying the same on another Vessel other than the Vessel named on the front of this Bill of Lading, or by any other means of transport whatsoever. Anything done in accordance with this Clause, or any delay arising from the transfer shall be deemed to be within the scope of the carriage and shall not be a deviation.
If at any time the carriage is, or is likely in thought of the Master to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind, other than the inability of the Goods to be safely or properly carried or carried further, and howsoever arising (even though the circumstances giving rise to such matters as stated above existed at the time this contract was entered into or the Goods were received for shipment) the Carrier (whether or not the carriage has commenced) may at his sole discretion and without prior notice to the Merchant:
(1) carry the Goods to the contracted Port of Discharge or Place of Delivery, whichever is applicable, by an alternative route from that indicated in this Bill of Lading or from that which is customary for Goods consigned to that Port of Discharge or Place of Delivery. If the Carrier elects to invoke the terms of this sub Clause, then, notwithstanding the provisions of Clause 18 hereof, the Carrier 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 endeavor to forward them as soon as possible, but the Carrier makes no representation as to the maximum period of suspension. If the Carrier selects to invoke the terms of this sub-Clause then the Carrier shall be entitled to the payment of such additional Freight as the Carrier may determine, or
(3) abandon the carriage of the Goods and place the Goods at the Merchant’s disposal at any port or place where the Carrier may deem sage and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall entirely cease. The Carrier shall nevertheless be entitled to full Freight on the Goods received for shipment, and the Merchant shall pay any additional costs of the carriage to and delivery and storage at such port or place.
Whether the Carrier elects to use an alternative route under Clause 19(1), or to suspend the damage under Clause 19(2), this shall not prejudice its right subsequently to abandon the carriage.
At the time of shipment of Dangerous Goods, the Merchant shall, in compliance with the regulations governing the carriage of such Goods, have the Dangerous Goods properly packed, distinctly marked and labeled, and shall notify the Carrier in writing of their proper nature and the precautions to be taken. In case the Merchant fails to, or inaccurately notifies the Carrier, the Carrier may land, destroy or render innocuous such Goods, when and where circumstances so require, without compensation. The Merchant shall be liable to the Carrier for any loss, damage or expense resulting from such shipment.
Notwithstanding the Carrier’s knowledge of the nature of the Dangerous Goods and its consent to carry, the Carrier may still have such Goods landed, destroyed or rendered innocuous, without compensation, when they become an actual danger to the vessel, the crew and other persons on board or to other goods. However, what is mentioned in this Clause shall not prejudice the contribution in General Average if any.
(1) Unless the Merchant and the Carrier agree in writing before shipment that specially ventilated or heated Containers will be used to ship the Goods and such agreement is noted on the front of this Bill of Lading and the Merchant files proper written notice to the Carrier of the nature of the Goods and of the particular temperature range to be maintained and/or special attention required, and the Merchant pays the extra Freight charged under the Carrier’s Tariff, or as agreed, the Goods shall be carried in ordinary unventilated Containers.
(2) In case of a refrigerated Container loaded by, or on behalf of the Merchant, the Merchant undertakes that its thermostatic, ventilating or any other controls have been correctly set by the Merchant and that the temperature of the Goods and the refrigerated Container has been brought to the required temperature level before loading and that the Goods have been properly stowed in the container before the receipt thereof by the Carrier if these requirements are not fully met the Carrier shall not be liable for any loss of, or damage to the Goods howsoever arising.
(3) If a suggested temperature is noted on the front of this Bill of Lading, the Merchant shall deliver the Goods to the Carrier at the noted temperature plus or minus 2 degrees Celsius, while the Goods are in its actual possession.
(4) The Carrier does not warrant that the Container be properly ventilated refrigerated or heated throughout the carriage, nor shall the Carrier be liable for any loss of or damage to the Goods arising from any latent defects, any total or partial failure, or breakdown, or stoppage of the refrigerating machinery, plant, insulation and /or any apparatus of the Container, Vessel, conveyance and any other facilities, provided that the Carrier shall before or at the beginning of the carriage exercise due diligence to maintain the refrigerated Container in an efficient state.
(5) In case of the Merchant’s own Container, an emergency kit and an operation manual shall be supplied by the Merchant.
(1) General Average shall be adjusted at any port or place at the Carrier’s option according to the York Antwerp Rules 1974, as amended in 1990, and any other amendments thereto. The Merchant shall give such cash deposit or other security as the Carrier may deem sufficient to cover the estimated General Average contribution of the Goods before delivery.
(2) In the event of the Master considering that salvage services are needed, the Merchant agrees that the Master shall act on its behalf to procure such services to Goods and that the Carrier may act on its behalf to settle salvage remuneration. The Merchant shall timely and fully provide cash deposit, or other security to the salver, without affecting the schedule of the Vessel after the salvage, failing to do so the Merchant shall be liable for any losses arising therefrom and sustained by the Carrier.
The Both-to-Blame Collision Clause currently published by the Baltic and international Maritime Conference is deemed to be incorporated into this Bill of Lading.
If this Bill of Lading is accepted by a Merchant acting as a non-vessel-operating common carrier (NVOCC), who has in turn concluded other contracts of carriage with third parties, the NVOCC hereby warrants that the contracts concluded by him in respect of the Goods subject to this Bill of Lading shall incorporate the terms and conditions of this Bill of Lading. The NVOCC further warrants to indemnify the Carrier, its servants, agents and Sub-contractors against all consequences of his failure to do so.
(1) This Bill of Lading is governed by the laws of the People’s Republic of China. All disputes arising under, or in connection with, this Bill of Lading shall be determined by the laws of the People’s Republic of China and any action against the Carrier shall be brought before the Shanghai Maritime Court, or other maritime court in the People’s Republic of China, as the case may be.
(2) Notwithstanding the provision of Clause 26(1), where carriage includes carriage to, or from, or through a port or place in the United States of America, this Bill of Lading shall be subject to the Provisions of the US COGSA, which shall be deemed to have been incorporated herein and nothing herein contained shall be deemed a surrender by the Carrier of any of its rights, immunities, exceptions or limitations, or an increase of any of its liabilities under US COGSA.
No servant, agent or Sub-contractor of the Carrier shall have the power to waive or vary any terms of this Bill of Lading unless such waiver or variation is in writing and is specifically authorized or approved in writing by the Carrier.
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 consequences of which, the Carrier is not responsible by statute, contract or otherwise, the Goods and the Merchant jointly and severally shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the Goods. If a salving ship is owned or operated by the Carrier, salvage shall be paid for as fully as if the salving ship belonged to strangers.