The vessel may commence discharging immediately on arrival without notice to the consignee or any other  party, and discharge continuously with or without sorting the goods, or separating them from other goods (whether or not such other goods are in the same ownership) irrespective of weather by day or by night, Sundays and holidays included, any custom of the Port to the contrary notwithstanding, on to quay, or into shed, warehouse, depot, hulk, lighter or other premises, vehicle, vessel or craft as the Carrier or his agents many determine. Such discharge shall constitute due delivery of the goods under this Bill of Lading. The consignee shall bear any charges or expenses incurred by the Carrier wholly or partly in respect of sorting the goods or separating them from other goods (whether in the same ownership or not) on shore or on board for any purpose whatsoever, including any charge or expenses in connection with storage onshore or afloat pending such sorting or separation, and any apportionment of such charges or expenses by the Carrier among different consignees by any method whatsoever in the discretion of the Carrier shall for the purpose of this clause be final and binding upon the consignee. Delivery overside onto the consignee’s lighters is at the vessel’s options and, if declared, is subject to the consignee providing sufficient lighters and men to receive the goods as fast as the vessel can deliver, any custom of the Port to the contrary notwithstanding. Whether the vessel’s tackles or shore cranes or other means be employed in the course of delivery onto Quay or otherwise, any loss of, or damage to the goods, lighters or injury to personnel employed directly or indirectly by the consignee shall, after the end of the Hague Rules period, be at the sole risk of the consignee in every respect whatsoever. The Carrier, his agents and servants shall not under any circumstances whatever be under any liability for failure to notify the consignee of the arrival of the goods, any custom of the port to the contrary notwithstanding. All expenses connected with the loading and discharging up to and from ship’s tackle are for the account of the Merchant.

            If the goods are not taken by the Merchant at the time when the Carrier is entitled to call upon him to take delivery, the Carrier shall be at liberty at the sole risk and expense of the Merchant to put the goods in safe custody.
            For cargoes of such nature that Port Authorities allow loading and discharge by direct delivery only, the Merchant shall be notified by the agent if so possible. Should the Merchant fail to arrange direct delivery all relevant charges including return freight and handling will be charged to the cargo interests.

           
            6. HAZARDOUS GOODS, MARKINGS. Goods of a dangerous or hazardous nature and radio-active material must not be tendered for shipment unless a written certificate of declaration has been given to the Carrier stating:

            (a) That the goods, and if applicable the container, flat, trailer, etc. are properly marked, labelled and are adequately packed, and,

            (b) The correct technical name, nature and class of dangerous goods. The Merchant shall also be responsible for including such information in the “Particulars Furnished By the Merchant” marking each such item with an “*” in the column entitled <<H.M.>> for Hazardous Merchandise.

            (c)  Marking, Sorting, Etc. The Merchant shall ensure that break-bulk goods shall be distinctly and permanently marked. Each consignment must be sorted according to marks and in such order as to enable separate stowage and corresponding delivery.

            7. DEPARTURE AND ARRIVAL DATES in the Carrier’s liner position lists, sailing lists and other advertisements, are given without any warranty, and no claims shall be acceptable for any change in the dates nor even in the case of the vessel’s non-departure for whatever cause. Carrier shall have the right to change sailing and arrival dates without notice.
           
            8. EXPORT OR IMPORT IMPEDIMENTS. Should the goods be refused exportation or importation by any government or authority, or by anybody purporting to act with the authority of any government of authority, or should the goods in the Carrier’s opinion be in such condition that he considers it advisable to discharge, tranship, return, remove or destroy them, then he shall be entitled to do so at any port or place.
In such case the Merchant shall bear the risk for the goods and the cost directly or indirectly incurred and in such cases the freight remains earned and the additional freight is payable by Merchant for extra transportation or handling or for carriage beyond the port or place where the Carrier would have been entitled to discharge the goods.
           
            9. DECLARATION OF NATURE, WEIGHT OR MEASUREMENT OF GOODS AND OF CONTENTS OF PACKAGE. If the nature or the value of the cargo has been mis-stated to the Carrier, the Merchant is not liable to any indemnification whatsoever. In all cases incorrect statements shall be considered to have been wilfully misstated.
            The Merchant is bound to declare exactly the contents of the packages or containers, the weight and measurement of the goods, and shall be liable for all consequences of damage, which might be caused to the vessel or cargo owing to a false declaration, incorrect description, marks or numbers, or incomplete, incorrect or delayed requisite documentation.
            If on delivery of the goods it is ascertained, either at the time of loading or at any time of unloading that the weight or cubic measurement or value is greater than that declared, or that the goods belong to a higher category than that declared, the Carrier has the right to charge double freight on the ascertained difference, the Merchant to pay the labour and expenses of weighing and measuring the goods entered in this Bill of Lading, if any excess of weight or measurement should be found. This debt is claimable at the same time and in the same manner as the freight, and shall constitute a lien on the goods.
           
            10. IRON AND STEEL PRODUCTS – UNPACKED. The Carrier need not take exceptions to, and is not held responsible for atmospheric rust, superficial oxidation, white rust, or any other alteration due to unavoidable sweat or moisture, which might affect the external aspects of the iron or steel goods or result from their special nature.
           
            11. TIMBER. Any statement hereon that timber has been shipped in apparent good order and condition does not involve any admission by the Carrier as to the absence of stains, warps, shakes, splits, holes or broken pieces, and this clause shall be deemed to constitute express notice to all persons taking delivery on the terms of this Bill of Lading that such timber does or may contain pieces so affected.
           
            12. (a) FRAGILE CARGO. All articles of glass or contained in glass, or any of a fragile nature will be taken on board at Merchant’s risk only, and the Merchant agrees that the Carrier or Carriers shall not be held responsible for any injury or breakage or otherwise.
            12. (b) REEFER OR HEATED CARGO. Refrigerated or heated carriage and carriage at controlled temperature shall not be furnished unless specifically stipulated in Box 13 (Particulars Furnished by the Merchant), reverse side, and extra freight, paid per tariff.
            12. (c) Carrier not responsible for damage to cargo in the containers due to ambient low or high temperatures.

            13. SPECIAL CARGO. For theft and loss of gold, silver, precious metals, in a manufactured state or not, or specie, ornament, watches, furs, laces, jewels, precious stones, securities, paper money, documents or other papers of value, silk, paintings, porcelain, glassware, or other precious articles or variable articles and for damage to precious articles easily damageable, the Carrier is only responsible if the value and nature of the cargo are declared to him before or at any time of reception of the cargo and inserted in the Bill of Lading and provided freight is calculated on the basis of such value. All cargo the value of which exceed 5 pounds per cubic foot measurement, or per cwt for weight cargo, is classed as precious. Money and all objects of value must be packed in double bags with inside seams, or in boxes, both sealed with wax and the seal must be reproduced on the Bill of Lading and shipping orders.
           
            14. DECK CARGO AND LIVE ANIMALS. Subject to the international Convention for the unification of certain rules relating to Bills of Lading dated Brussels the 25^th August 1924 and or as amended by the Protocol signed in Brussels on the 23^rd February 1968, all goods on deck, and live animals, birds or fish are received, handled, stowed, carried, kept and discharged at Merchant’s risk and the Carrier shall not be liable for loss thereof, damage or delay whatsoever and howsoever occurring even though resulting from unseaworthiness of the ship or from the negligence of the Carrier, his servants or agents or in case or deviation of the ship.

            15. CONTAINERS.
            (a) The Carrier shall have the right to stow goods in containers of all types, including flats, and the right to carry containers, whether stowed as aforesaid or received in a stowed condition from the shipper, on or underdeck without notice to shippers, and if they are so carried, the Hague rules, or COGSA, or other enactment, as incorporated herein, shall be applicable notwithstanding carriage on or underdeck and the goods and/or containers shall contribute in General Average whether carried on or underdeck.
            (b) The Carrier has no responsibility whatsoever for the functioning of reefer containers or trailers which are not owned or leased by the Carrier.
            (c) If the articles accepted for transportation are containers the contents having been packed and stowed inside the container by or on behalf of the Merchant and not by or on behalf of the Carrier, then the Carrier shall be under no liability in the event of loss or damage to any of the goods directly or indirectly caused by the manner in which the contents have been packed and/or stowed inside the container/s or by the unsuitability of the contents for container carriage or by the unsuitability or defective condition of the container.

                  (d) Notwithstanding the application of Article IV, Rule 3 of the Hague Rules pursuant to clause 1 of this B/L or otherwise the Merchant hereby agrees to indemnify the Carrier against any loss which the Carrier may suffer, or liability to any person which the carrier may incur, on account of personal injury or loss of or damage to any property due to the manner in which the contents have been packed and/or stowed inside the container or due to the unsuitability or defective condition of the container.

            16. FREIGHT. The freight is always due to the Carrier whether the vessel or goods arrive at port of destination or not, whether one or the other be lost during the voyage, or whether the goods arrived damaged or short. The Carrier shall be entitled to the payment of the whole freight (as deadfreight without deduction) from the Merchant for all the goods which after a fixed arrangement may not have been delivered by him to the ship. The Merchant has in no case the right to deduct from the freight or to set off against the freight any claim he should have against the Carrier, including leakage, slackage, shortage or damage. The Merchant shall pay any extra expenses incurred as a consequence of the cargo not being delivered in accordance with the provisions in Clause 5.
            (a) No weighing of the goods is to take place on board the vessel without permission of the Carrier. Any expense for weighing onboard as well as extra expenses for discharging and delivery arising or resulting from weighing onboard are to be borne by the Merchant, any custom of the port notwithstanding.
            (b) Goods once shipped cannot be taken away by the Merchant except upon Carrier’s consent and against payment of full freight and compensation for any extra expenses through such taking away.
            (c) All dues, taxes and charges or other expenses in connection with the goods shall be paid by the Merchant.
            (d) The Merchant shall reimburse the Carrier in proportion to the amount of freight for any increase of war risk insurance premium and war risk increase of the wages of the Master, officers and crew and for any increase of the cost for bunkers and for deviation or delay caused by war or warlike operations or by government directions in such connection.

            17. PERIOD OF RESPONSIBILITY. The Carrier or his agent shall not be liable for loss or damager to the goods during the period before loading and after discharge from the vessel, howsoever such loss or damage arises. Goods in the custody of the Carrier or his servants before loading and after discharge, whether being forwarded to or from the vessel or whether awaiting shipment landed or stored, or put into hulk or craft belonging to the Carrier, or not or pending transhipment at any of the whole transport are in such custody at the sole risk of the Merchant and the Carrier shall not be liable for loss or damage arising or resulting from any cause whatsoever. If goods are shipped to or from the U.S.A., U.S. COGSA shall apply before loading and after discharge as long as the goods remain in the custody and control of the Carrier.
 

                 18. LIABILITY OF SERVANTS AND SUB-CONTRACTORS. It is hereby expressly agreed that no servant or agent of the Carrier, including any independent sub-contractor employed by the Carrier in any circumstance whatsoever be under any liability whatsoever to the Merchant for any loss or damage or delay of whatsoever kind 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, without prejudice to the generality of the foregoing provisions in this clause every exception, limitation, condition and liberty herein contained and every right exception from liability, defence and immunity of whatever 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 (including any stevedore, terminal operator or any other independent contractor) acting as the aforesaid and for the purpose of the foregoing provisions of this clause the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be his servant or agent (including all independent contractors, as aforesaid) and all such persons shall to this extent be or be deemed to be party to this Bill of Lading.

            19. SPECIAL CIRCUMSTANCES. If during the voyage special circumstances occur with regards to the vessel and/or her cargo, or the vessel has to put into a port of distress or such like port, or if the vessel experiences exceptional delay at a port or place, the Master or Carrier at their sole discretion has the liberty, notwithstanding all measures for the common good of the vessel and cargo, to take such measures on behalf of the cargo as they jointly or severally consider necessary and desirable, such measures being for the account of the cargo, and without prejudice to eventual indemnification in General Average. Regarding damaged cargo or cargo the further transport of which is objectionable, or cargo by another conveyance at the expense of the cargo and without prejudice to eventual indemnification in General Average, full freight is still payable. The Master or Carrier, in making arrangements for any transhipping or forwarding vessel or means of transportation not operated by the Carrier or Master, shall be considered solely the forwarding Agent of the Merchant and without any other responsibility whatsoever.
           
            20. GOVERNMENT DIRECTIONS, WAR, EPIDEMICS, ICE, STRIKE, ETC.
            (a) The Master and the Carrier shall have liberty to comply with any order or directions or recommendations in connection with the transport under this contract given by any Government or Authority, or anybody acting or purporting to act on behalf of such Government or Authority, or having under the terms of the insurance on the vessel right to give such orders or directions or recommendations.

                   (b)   Should it appear that the performance of the transport would expose the vessel or any goods onboard to risk of seizure or damage or delay, resulting from war, warlike operations, blockade, riots, civil commotion, piracy, ice conditions, strikes, or labour troubles of any person onboard to the risk of loss of life or freedom, or that any such risk has increased, the Master may discharge the cargo at port of loading or any other safe and convenient port.
            (c)  The discharge under the provisions of this clause of any cargo shall be deemed due fulfilment of the contract, and if any extra expenses are incurred, they shall be paid by the Merchant in addition to the freight, together with return freight if any and a reasonable compensation for any extra services rendered to the goods, and the Carrier shall have a lien for all such freight and charges.
            (d) If any situation referred to in this clause may be anticipated, or if for any reason the vessel cannot safely and without delay reach or enter the loading port or must undergo repairs, the Carrier may cancel the contract before the Bill of Lading is issued.

            21. CLAIMS VALUATION, PACKAGE LIMITATION, TIME-BAR. The indemnity payable by the Carrier for non-delivery of the cargo in whole or in part is calculated at the option of the Carrier on the basis of the invoice value or on the basis of market values at destination, less duties and expenses saved due to the shortage.
            In any event the Carrier’s liability shall not exceed the common market value of the goods at the time and place of shipment. However, should the invoice value of the goods be lower than the common market value at the time and place of shipment the Carrier will only pay the invoice value. For lack of any common market value or invoice value this provision shall apply to the common value accordingly.

            Neither the Carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with goods in an amount exceeding Pounds Sterling 100 of lawful tender in the U.K. per package or unit, unless the nature and the value of such goods have been declared by Merchant before shipment and inserted in the Bill of Lading. But declaration of value for the purpose of calculation of freight shall not be considered a declaration in the above sense. This limitation of liability shall apply to all contractual claims as well as to any claims arising from other causes. In case goods are shipped to or from the United States, the Carrier’s liability shall be limited to $500 per package or customary freight unit, unless excess value is inserted on the face hereof and extra charge paid.
            Where the goods have been packed into containers by or on behalf of the Merchant, it is expressly agreed, that each container shall constitute one package for the purpose of application of limitation of the Carrier’s liability.
            If the Merchant has a shortage in goods or numbers shipped under a Bill of Lading, the Carrier shall have the option to deliver as substitute any surplus goods of similar kind and quality.
            Notice in writing of loss or damage must be given to the Carrier’s agent at the Port of Discharge of Final Destination at or before the removal of the goods supported by invoices and survey, if any. In any event, the Carrier shall be discharged from all liability if suit is not commenced within one year after delivery of the goods or the date that the goods should have been delivered.
            The words “customary freight unit” shall mean each physical unit or piece of cargo not shipped in a package, including machinery, vehicles and boats of any description, except goods shipped in bulk, and irrespective of the weight or measurement unit employed in calculating freight charges.

            When it cannot be established in whose custody the goods were when the loss or damage occurred it shall be conclusively presumed to have occurred during sea carriage and any liability therefore shall be governed as provided by this clause.

            22. CHARGES. All expenses tallying, measuring, weighing, taring, repairs, repackaging, sewing, etc. due to causes beyond Carrier’s liability, customs and other duties and/or formalities statistic duties, stamps and all such charges, are always for account of the cargo.
            The Danish “Cargo duty” at the port of Copenhagen and Danish provincial ports to be paid by receivers.
            Loading and discharging tax No. 4 (“droits de peage”) levied at French, Tunisian, Algerian and Moroccan ports are for consignee’s account.

            23. PAYMENT OF CHARGES AND INDEMNITY. The conditions relative to the freight are jointly applicable to charges, premiums and eventual claims of the Carrier for indemnity and demurrage.

            24. CUSTOMS, ETC. The shipper and receiver are obliged to fulfil all regulations relative to the cargo of all ports, Customs and other authorities and to pay and/or indemnify the Carrier for all costs and damage in consequence of the non fulfilment of these regulations, furthermore to pay and/or indemnify the Carrier for all duties and fines imposed for whatsoever reason by one or any of the aforementioned authorities, relative to the cargo the Carrier having the right before delivery, to ask for a deposit and/or sufficient security in accordance with clause 25 of this contract for any such dues and fines imposed or expected to be imposed.

            25. SECURITY AND LIEN. If the freight and any further charges or expenses incurred by the Carrier that are due, have not been paid or – in case the freight is payable by a party other than the receiver, including freight to be prepaid – if advice of payment has not yet been received the Carrier – is at liberty before the discharge of the cargo is commenced to demand a deposit or other sufficient security for the freight, charges and expenses; if no sufficient deposit or other security is given, the Carrier is a liberty to store the cargo at the expense and at the risk of the Merchant. The Carrier shall have a lien upon goods or documents, which shall survive delivery, for any claims or amounts due under this contract and costs of recovering same, and shall be entitled to sell the goods privately or by auction to cover such claims or amounts.
            If on sale of the goods the proceeds fail to cover the amount due and costs and expense incurred, the Carrier shall be entitled to recover the difference from the Merchant.

            26. GENERAL AVERAGE. General Average shall be adjusted in or at any port or place at Carrier’s option according to York Antwerp Rules 1974 as amended 1990. The Carrier has the right to refuse or prevent delivery of the goods until the Receivers shall sign average bond and declare in writing for each parcel separately the value of the goods. The receivers shall if required, furnish to the Carrier such security or such deposit as the Carrier or his Agent, without prejudice, may deem sufficient to cover the estimated contribution in calculating general average contribution, freight to be added to the value of the goods. The same to be applied to cover estimated contribution of the goods in any salvage and/or special charges.

            27. NEW JASON CLAUSE, WAR RISK CLAUSES 1 AND 2, BOTH TO BLAME COLLISION CLAUSE are deemed to be incorporated in this Bill of Lading. Both to blame collision clause to remain in effect even if unenforceable in the courts of the United States of America.

            28. SALVAGE. In case of salvage the measures and arrangements of the Carrier or the Master shall be collectively binding the Merchant.


Revised 12/97