Conditions of carriage

(abridged)

1.DEFINITION. Wherever the term “Merchant” is used in this Bill of Lading, it shall be deemed to include the Shipper, the Consignee, the Holder of the Bill of Lading and the Owner of the cargo.

2.PARAMOUNT CLAUSE. The Hague Rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading as enacted in the country of shipment shall apply to the contract.

The Сarrier shall under no circumstances be liable for any loss or detention of or damage to the goods, howsoever caused, arising at a time when the goods are not in the actual custody of the Carrier or his servants.

3.JURISDICTION. Any dispute arising under this Bill of Lading shall be decided in the country where the Carrier has his principal place of business, and the law of such country shall apply except as provided elsewhere herein. No proceeding may be brought before other courts, unless the parties both expressly agree on the choice of another court or arbitration.

4.SCOPE OF VOYAGE. The goods may be carried by any route whatsoever, whether or not the most direct or advertised or customary route, via any ports for whatsoever purpose visited, together with other goods of every kind, dangerous or otherwise, whether stowed on or under deck. Vessels may sail with or without pilots, undergo repairs, adjust equipment, drydock and tow vessels in all situations.

5.LIGHTERAGE. The Carrier in arranging for lighters between ship and shore, does so as the Merchant’s agent and for account and risk of the goods.

6.LOADING, DISCHARGE, AND DELIVERY. In regard to loading and discharge this Bill of Lading is subject to the terms, conditions and exceptions of the contract of affreightment according to which it is issued. In the absence of such an agreement the goods are delivered under ship’s tackle.

If the goods are not applied for within a reasonable time, the Carrier may sell the same privately or by auction.

The Merchant shall accept his reasonable proportion of unidentified loose cargo.

7.FREIGHT AND CHARGES. Payable freight, whether actually paid or not, shall be considered as fully earned upon loading and non-returnable in any event. The Carrier’s claim for any charges under this contract shall be considered definitely payable in like manner as soon as the charges have been incurred.

The Merchant shall be liable for expenses of fumigation and of gathering and sorting loose cargo.

Any dues, duties, taxes and charges which under any denomination may be levied on any basis such as amount of freight, weight of cargo or tonnage of the vessel shall be paid by the Merchant.

8.LIEN. The Carrier shall have an absolute lien on goods for any amount due under this contract and for contribution in respect of general average and for salvage to whomsoever due, including costs of recovering the same and storage fees, any may enforce such lien.

9.DELAY. The Carrier shall not be responsible for any loss sustained by the Merchant through delay of the goods unless caused by the Carrier’s personal gross negligence.

10.BOTH-TO-BLAME COLLISION CLAUSE. (This clause to remain in effect if unenforceable in the Courts of the United States of America.) If the vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, negligence or default of the Master, Mariner, Pilot or servants of the Carrier in the navigation or in the management of the vessel, the Merchant will indemnify the Carrier against all loss or liability to the other or non-carrying vessel or her Owner in for far as such loss or liability represents loss or damage to or any claim whatsoever of the Owner of the said goods paid or payable by the other or non-carrying vessel or her Owner to the Owner of the said cargo and set-off, or recouped or recovered by the other or non-carrying vessel or her Owner as part of his claim against the carrying vessel or Carrier.

11.GOVERNMENT DIRECTIONS, WAR, EPIDEMICS, ICE, STRIKES. 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 the right to give such orders or directions or recommendations.

Should it appear that the performance of the transport would expose the vessel or any goods on board to risk of seizure or damage or delay, resulting from war, warlike operations, blockade, riots, civil commotions or piracy, or any person on board to the risk of loss of life or freedom, or that any such risk has increased, the Master may discharge the cargo at the port of loading or any other safe and convenient port.

Should it appear that epidemics, quarantine, ice-labour troubles, labour obstructions, strikes, lockouts, any of which on board or on shore – difficulties in loading or discharging would prevent the vessel from leaving the port of loading or reaching or entering the port of discharge or there discharging in the usual manner and leaving again, all of which safely and without delay, the Master may discharge the cargo at the port of loading or any other safe and convenient port.