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Bill of Lading -- Terms and Conditions |
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The printed terms and conditions appearing on the
reverse side of CCL's International Bill of Lading are: |
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15. Method and Route of Transportation |
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(1) |
The Carrier may at any time, with or without notice to the Merchant, use
any means of transport or storage whatsoever, load or carry the Goods on
any vessel whether named on the front hereof or not show the Goods, whether
containerized or not, on or under deck; transfer the Goods from one
conveyance to another including transshipping or carrying the same on a
vessel other than that named on the front hereof or by any other means of
transport whatsoever, at any place unpack or remove Goods which have been
stuffed in or on a Container and forward the same in any manner whatsoever,
proceed at any speed and by any route in his discretion (whether or not the
nearest or most direct or customary or advertised route) and proceed to or
stay at any place whatsoever once or more often and in any order, load or
unload the Goods from any conveyance at any place; comply with any orders or
recommendations gives by any Government or Authority or any person or body
acting 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 permit the vessel to proceed
with or without pilots, to tow or e towed or by dry-docked, permit the
vessel to carry livestock. Goods of all kinds, dangerous or otherwise,
contraband, explosives, munitions or warlike stores and sail armed or
unarmed. |
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(2) |
The liberties set out in paragraph (1) of the Clause may be invoked by the
Carrier for any purposes whatsoever whether or not connected with the
Carriage for the Goods. Anything done in accordance with paragraph (1)
of this Clause or any delay arising there from shall be deemed to be within
the contractual Carriage and shall not be a deviation of whatsoever nature
of degree. |
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16. Delivery |
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If delivery of the Goods or any part thereof is not taken by the Merchant
at the time and place when and where the Carrier is entitled to call upon
the Merchant to take delivery there-on, the Carrier shall be entitled to
store the Goods or any part thereof at the sole risk of the Merchant, where
upon the liability of the Carrier in respect of the Goods or that part
thereof stored as aforesaid (as the case may be) shall wholly cease and the
cost of such storage (if paid by or payable by the Carrier or any agent of
sub-contractor of the Carrier) shall forthwith upon demand be paid by the
Merchant to the Carrier. |
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17. Both-to-Blame Collision |
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If the vessel on which the Goods are carried (the carrying vessel) comes
into collision with any other vessel or object (the non-carrying vessel or
object) as a result of the negligence of the non-carrying vessel or object
or the owner of charter of or person responsible fro the non-carrying vessel
or object, the Merchant undertakes to defend, indemnify and hold harmless
the Carrier against all claims by or liability to (and any expense arising
thererfrom) any vessel or person in respect of any loss of, or damage to, or
any claim whatsoever of the Merchant paid or payable to the Merchant by the
non-carrying vessel or object, or the owner of, charter of or person
responsible for the non-carrying vessel or object and set off, recouped or
recovered by such vessel, object or person(s) against the Carrier, the
carrying vessel or her owners of chatterers. |
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18. Freight and Charges |
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(1) |
Freight shall be paid in cash without discount and, whether prepayable or
payable at destination, shall be considered as earned on receipt of the
Goods and not be returned or relinquished in any event. |
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(2) |
Freight and all other amounts mentioned in this Bill of Lading are to be
paid in the currency named in the Bill of Lading or, at the carrier's option
in the currency of the country of dispatch or destination at the highest
rate of exchange for Bankers Sight Bills current for prepayable Freight on
the day of dispatch and for Freight payable at destination on the day when
the Merchant is notified of arrival of the Goods there or on the day of
withdrawal of the delivery order, whichever rate is the higher, or at the
option of the Carrier on the date of the Bill of Lading. |
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(3) |
All dues, taxes and charges or other expenses in connection with the Goods
shall be paid by the Merchant. |
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(4) |
The Merchant shall reimburse the Carrier in proportion to the amount of
freight for any costs for deviation or delay or any other increase of costs
of whatever nature caused by war, warlike operations, epidemics, strikes,
governments or force majeure. |
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(5) |
The Merchant warrants the correctness of the declaration of contents,
insurance, weight, measurement or value of the Goods but the Carrier
reserves the right to have the contents inspected and the weight,
measurement and value verified. If on such inspection it is found the
declaration is not correct it is agreed that a sum equal either to five
times the difference between correct figure and the Freight charged, or to
double the correct Freight less the Freight charge whichever sum is the
smaller, shall be payable as liquidated damage to the Carrier for his
inspection costs and losses of freight on other goods not withstanding any
other sum having been stated on the Bill of Lading as Freight payable. |
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19. Lien |
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The Carrier shall have a lien on Goods and any documents relating thereto
for all sums whatsoever due at any time to the Carrier from the Merchant
and for General Average contributions to whomsoever due and for the costs
of recovering the same and the Carrier shall have the right to sell the
Goods and documents by public auction or private treaty, without notice to
the Merchant and at the Merchant expense and without any liability towards
the Merchant. |
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20. General Average |
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(1) |
The Carrier may declare General Average which shall be adjustable according
to the York/Antwerp Rules of 1974 at any place at the option of the Carrier
and the amended Jason Clause as approved by BIMCO is to be considered as
incorporated herein and the Merchant shall provide such security as may be
required by the Carrier in this connection. |
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(2) |
Notwithstanding (1) above, the Merchant shall defend, indemnify and hold
harmless the Carrier in respect of any claim and any expense arising
therefrom) of a General Average nature which maybe made on the Carrier and
shall provide such security as may be required by the Carrier in the
connection. |
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(3) |
The Carrier shall be under no obligation to take any steps whatsoever to
collect security for General Average contributions due to the Merchant. |
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21. Notice |
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Unless notice of loss or damage to the Goods and general nature of it be
given in writing to the Carrier or the persons referred to in paragraph 2
of Clause 5 at the place of delivery before or at the time of the removal
of the goods into the custody of the person entitled to delivery thereto
under this Bill of Lading, or if the loss or damage be not apparent, within
seven consecutive days thereafter, such removal shall be prima facie
evidence of the delivery by the Carrier of the Goods as described in this
Bill of Lading. |
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22. Non Delivery |
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If this Bill of Lading is issued evidencing the Carrier Contract of
Carriage by Combined Transport, failure to effect delivery within 90 days
after the expiry of a time limit agreed and expressed herein or, where no
time limit is agreed and so expressed failure to effect delivery within 90
days after the time it would be reasonable to allow for diligent completion
of the combined transport operation shall in the absence of the evidence to
the contrary, give to the party entitled to receive delivery, the right to
treat the Goods as lost. |
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23. Time Bar |
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The Carrier shall be discharged of all liability under the Terms and
Conditions of this Bill of Lading, unless suit is brought within nine
months after: |
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(1) |
the delivery of the Goods, or |
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(2) |
the date when the Goods should have been delivered, or |
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(3) |
the date when in accordance with Clause 22, failure to deliver the Goods
would, in the absence of evidence to the contrary, give to the party
entitled to receive delivery, the right to treat the Goods as lost. In the
event that such time period shall be found contrary to any Convention or
law compulsorily applicable, the period covered by such convention or law
shall then apply but in that circumstance only. |
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24. Variation of the Contract |
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No servant or agent of the Carrier shall have power to waive or vary any
of the terms hereof unless such waiver or variation is in writing and is
specifically authorized or ratified in writing by a director or office of
the Carrier who has the actual authority of the Carrier so to waive or vary. |
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25. Partial Invalidity |
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If any provision in this Bill of Lading is held to be invalid or
unenforceable by any court or regulatory or self regulatory agency or body,
such invalidity or unenforceability shall attach only to such provision.
The validity of the remaining provisions shall not be affected thereby and
this Bill of Lading contract shall be carried out as if such invalid or
unenforceable provision were not contained therein. |
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| clause 1--8 |
clause 9--14 | clause 15--25 | |
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