Terms for sea
Combined Transport Bill of Lading and Sea Waybill
Terms and conditions for transport “RECEIVED FOR SHIPMENT”
CLAUSE ON FRONT PAGE (B/L): Received by the Carrier from the Merchant in patent good order and condition, unless something else is noted in this document, the total number or quantity of Containers or other packages or units indicated, stated by the Merchant to comprise the Goods specified above, for Carriage subject to all the terms concering this (INCLUDING THE TERMS, CONDITIONS AND EXCEPTIONS ON THE REVERSE HEREOF AND THE TERMS, CONDITIONS AND EXCEPTIONS OF THE CARRIER`S APPROPRIATE TARIFF) from the Place of Receipt or the Port of Loading, whichever is appropriate, to the Port of Discharge or the Place of Delivery, whichever is appropriate.
The Merchant expressly accepts and agrees to all its terms, conditions and exceptions whether printed, stamped or written or incorporated in different way, notwithstanding the non-signing of this Bill of Lading by the Merchant when accepting this Bill of Lading
In exchange for the Goods or delivery order one of the original Bill of Lading must be delivered duly endorsed.
IN WITNESS in which three (3) original Bills of Lading (unless something else is stated in this document) all of this tenor and date have been signed. One of the Bills of Lading shall be complete and the other(s) shall be void.
“RECEIVED FOR SHIPMENT ” CLAUSE ON FRONT PAGE (Sea Waybill): Received by the Carrier from the Merchant in patent good order and condition, unless something else is noted in this document, the total number or quantity of Containers or other packages or units indicated, stated by the Merchant to comprise the Goods specified above, for Carriage subject to all the terms concering this (INCLUDING THE TERMS, CONDITIONS AND EXCEPTIONS ON THE REVERSE HEREOF AND THE TERMS, CONDITIONS AND EXCEPTIONS OF THE CARRIER`S APPROPRIATE TARIFF) from the Place of Receipt or the Port of Loading, whichever is appropriate, to the Port of Discharge or the Place of Delivery, whichever is appropriate.
The Shipper expressly accepts and agrees to all its terms, conditions and exceptions whether printed, stamped or written or incorporated in different way, on his own behalf as well as on behalf of the Consignee and the Owner of the Goods and the Merchant wehn accepting the Goods to be carried under this NonNegotiable Sea Waybil. The Shipper guarantees that he is authorized to do so, notwithstanding the non-signing of this Non-Negotiable Sea Waybill by any of them and regardless of whether they actually receive a copy thereof or not.
“Bill of Lading” shall be read and interpreted as a reference to the words “Non-Negotiable Sea Waybill” in this document.
Unless the Shipper gives the Carrier written instructions stating the opposite prior to delivery, delivery will be made to the Consignee named, or his authorized agent, on production of proof of identity at the Port of Discharge or the Place of Delivery, whichever is appropriate.
The Consignee must give the Carrier or its agent written instructions if the Consignee requires delivery to a party and/or premises other than as shown above in the “Consignee” box. Such instructions from the Consignee will be subject to any instructions to the contrary by the Shipper unless the Shipper expressly waives his right to control the Goods until delivery by means of a provision concering this.
In this Bill of Lading “Carrier” means Icetransport ehf and/or subsidiary companies.
“Carriage” means the whole or any part of the operations and services that the Carrier take on in terms of the Goods this Bill of Lading covers.
“Vessels” are any subsituted vessel and any vessel to which transshipment may be made in the performance of this contract.
“Merchant” has an extensive meaning and can mean the shipper, the consignee, the holder of this Bill of Lading, the reciever, any person owning or any person that is entitled to possession of this Bill of Lading or of the Goods and anyone acting, both as a servant or an agent or otherwise, of any such person.
“Holder” means any person, which term shall in this document include an individual or a corporation, who has this Bill of Lading in his possession at any given time to whom the property in the Goods has passed on or by reason of the consignment of the Goods or the transfer or the endorsement of this Bill of Lading or otherwise.
“Goods” means the cargo the shipper admits and includes any containers the Carrier or someone on his behalf do not supply.
“Charges” includes freight and all expenses and money obligations incurred and payable by the Merchant.
“Combined Transport” is when a Place of Receipt and/or a Place of Delivery is/are completed on the frontpage of this document.
“Port to Port Shipment” is when the Carriage stated in this Bill of Lading is not Combined Transport.
“Container” includes any container, trailer, transportable tank, flat or pallet or any similar article of transport used to keep the Goods together.
“SDR” means Special Drawing Rights as defined by the International Monetary Fund and applied by the SDR Protocol (1979).
“SDR Protocol (1979)” is the Protocol signed at Brussels on 21st December 1979 to amend the Hague Rules.
“Hague Rules” are the provisions of the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25th August, 1924 as amended by the Protocol signed at Brussels on 23rd February, 1968 and by the SDR Protocol (1979).
“US COGSA” means the Carriage of Goods by Sea Act of the United States of America approved on 16th April 1936.
2. Carrier’s Tariff
The terms of the Carrier’s appropriate tariff at the date of the shipment are incorporated in this document (“Tariff”). Copies of the relevant provisions of the appropriate Tariff are obtainable from the Carrier or its Agents upon request. In the case of inconsistency between this Bill of Lading and the appropriate Tariff this Bill of Lading shall be valid.
When The Merchant agrees to these therms he guarantees that he is, or has the authority of, the owner or is entitled to possessions of the Goods and the Bill of Lading
The Merchant guarantees to the Carrier that the particulars relating to the Goods, as written overleaf, have been checked by the shipper on receipt of this Bill of Lading. The Merchant guaranttes that such particulars and any other particulars provived by or on behalf of the shipper are correct and complete in all material respects and no representation of any nature as to such particulars, in favor of any person, is made, either directly, or by implication by the Carrier.
(i) The Carrier has the authority to sub-contract on any terms the whole or any part of the Carriage, loading, unloading, storing, warehousing, handling and without limitation any and all other duties whatsoever that the Carrier takes on in relation to the Goods.
(ii) The Merchant undertakes that no claim or allegation shall be made against any servant, agent or subcontractor of the Carrier. That includes but is not limited to stevedores and terminal operators, which imposes or attempts to impose upon any of them, or any Vessel owned by any of them, any liability whatsoever in connection with the Goods. If any such claim or allegation should nevertheless be made, the Carrier shall be defended, indeminfied and held harmless against all consequence concering that. Every such servant, agent and sub-contractor shall have the benefit of all exceptions, limitations, provisions, conditions and liberties stated in this document benefiting the Carrier as if such provisions were expressly made for their benefit. The Carrier does not only enter into this contract on its own behalf but also as an agent and trustee for such servants, agents and sub-contractors, to the extent of these provisions. In the event of loss, damage, dealy or something else the Carrier shall be entitled to get payments from the Merchant, on demand any sum recovered or recovarble by such Merchant from any servant, agent or sub-contractor of the Carrier.
(iii) The expression “sub-contractor” in this provision includes direct and indirect subcontractors and their respective servants and agents.
(iv) The Merchant further undertakes that no claim or allegation, howsoever in respect of the Goods, shall be made against the Carrier by any Person other than in accordance with the terms and conditions of this Bill of Lading, which imposes or attempts to impose on the Carrier any liability whatsoever in connection with the Goods, or the Carriage of the Goods. The Merchant undertakes that whether or not a claim or an allegation arises out of negligence on the part of the Carrier. If any such claim or allegation should nevertheless be made the Carrier shall defend, indemnify and hold the Carrier harmless against all consequences thereof.
5. Carrier’s Responsibilities
Port to Port Shipments:
If the Carriage called for by this Bill of Lading is a Port-to-Port Shipment, the Carrier’s liability (if any) for loss of or damage to the Goods shall be determined in accordance with any national law making the Hague Rules compulsorily appropriate to this Bill of Lading, or in any other case in accordance with the Hague Rules. This includes loss of or damage to the Goods that happen from and during loading onto any Vessel upto and during discharge from that Vessel or from another Vessel into which the Goods have been transshipped. Nevertheless, the Carrier shall be under no liability whatsoever for loss of or damage to the Goods, how ever it may happen, when such loss or damage arises prior to loading on or subsequent to discharge from the Vessel.
6. Carrier’s Responsibilities
If the Carriage called for by this Bill of Lading is Combined Transport, the Carrier undertakes the performance and/or in its own name to procure performance of the Carriage from the Place of Receipt or the Port of Loading, whichever is appropriate, to the Port of Discharge or the Place of Delivery, whichever is appropriate. The Carrier is liable for any loss or damage that happens during the Carriage unless otherwise stated in this Bill of Lading. The Carrier is responsible from the time he receives the goods into his charge and the time of delivery, to the extent set out below and elsewhere in these conditions.
(1) If it is not known at which stage of the Carriage the loss or damage occured.
The Carrier is not liable for any loss or damage if such loss or damage was caused by:-
(i) an act or omission, wrongful act or neglect, of the Merchant;
(ii) the lack of or defective conditions of packing in the case of goods which by their nature are liable to wastage or to be damaged when not packed or properly packed.
(iii) insufficiency or defective or inadequacy condition of packing or marking or numbers on the goods, covering, or unit loads;
(iv) handling, loading, stowage or unloading of the Goods by or on behalf of the Merchant;
(v) inherent vice of the Goods;
(vi) strike, lock-out, stoppage or restraint of labour;
(vii) a nuclear incident;
(viii) any cause or event, which the Carrier could not avoid and the consequences whereof he could not prevent by the exercise of reasonable diligence.
(b) Burden of Proof
The burden of proof that the loss or damage was due to one or more of the causes or events specified in this Clause 6 (1) shall rest upon the Carrier, unless the Carrier establishes that in the circumstances of the case the loss or damage could be attributed to one or more of the causes or events specified in Clause 6 (1).
(ii), (iii) or (iv), it shall be assumed that it was so caused. The Merchant shall be entitled to prove that the loss or damage was in fact not caused, either wholly or partly, by one or more of these causes or events if he should want to do so.
(c) Limitation of Liability
Total compensation shall under no circumstances arising exceed SDR 2 per kilo of the gross weight of the Goods lost or damaged expect as prodived in Clause 7 (iii)
(2) If it is know during which stage of the Carriage the loss or damage occurred is known:
Despite provisions in Clause 6 (1), but subject always to Clauses 5, 20 and 24 the liability of the Carrier in respect of such loss or damage shall be determined if it is known during which stage of the Carriage the loss or damage occurred:
(a) by the provisions contained in any international convention or national law which provisions:-
(i) cannot be departed from by private contract to the harm of the Merchant; and
would have applied if the Merchant had made a separate and direct contract with the Carrier in regarding the particular stage of the Carriage during which the loss or damage occurred and received as evidence concerintg that any particular document which must be issued in order to make such international convention or national law appropriate; or
(b) if no international convention or national law would apply by virtue of Clause 6(2) (a), by the Hague Rules, if the loss or damage is known to have occurred at sea or on inland waters; or
(c) by the provisions of Clause 6 (1) if the provisions of Clause 6 (2) (a) or (b) do not apply.
For the purposes of this Clause 6 (2) references in the Hague Rules to carriage by sea shall be considered to include reference to carriage by inland waters and the Hague Rules shall be construed according to that. The Carrier’s liability shall be limited as provided in Clause 7 (iii) if the Hague Rules apply by virtue of Clause 6 (2) (b).
(3) If the Place of Receipt or Place of Delivery is not named on the front page of this document:
The Carrier shall be under no liablity whatsoever for any loss of or damage to the Goods, whosoever it may happen, if such loss or damage arises prior to loading onto the Vessel if the Place of Receipt is not named on the front page of this document. The Carrier shall be under no liablity whatsoever for any loss of or damage to the Goods, whosoever it may happen, if such loss or damage arises subsequent to discharge from the Vessel if the Place of Delivery is not named on the front page of this document.
7. The Amount of Compensation
(i) Subject to Clauses 5, 6, 8 and 24 and paragraphs (ii), (iii) and (iv) of this Clause, compensation regarding loss of or damage to Goods, when the Carrier is liable for compensation, shall be calculated by reference to the invoice value of the Goods, any partial loss or damage to be calculated on a pro rata basis.The value of such Goods at the place and time they are delivered to the Merhcant according to the contract, or should have been delievered, is what determines the compensations.
(ii) If there is no invoice value of the Goods, such compensation shall be calculated by reference to the value of such Goods at the place and time they are delivered to the Merchant accoridng to the contract or should have been delivered. The value of the Goods shall be fixed according to the commodity exchange price. If there is no such price, according to the current market price or, if there is no commodity exchange price or current market price, it shall be calculated by reference to the normal value of Goods of the same kind and quality.
(iii) Unless otherwise expressly agreed herein compensation shall not exceed SDR2 per kilo of gross weight of the Goods lost or damaged, unless the value of such Goods has been declared by the shipper before shipment and inserted on the front page of this Bill of Lading in the space captioned “Description of Goods” and extra freight is paid on such declared value, if required.
(iv) In case value has been declared in accordance with this clause, any partial loss or damage shall be adjusted pro rata on the basis of such declared value.
(i) The Carrier does not guarantee that the Goods will arrive at the Port of Discharge or Place of Delivery at any particular time or to meet any particular market or use.
The Carrier shall in no circumstances be liable for any direct, indirect or consequential loss or damage any delay might cause.
(ii) The Carrier shall under no circumstances whatsoever or howsoever be liable for direct or indirect or consequential loss or damage or for loss of profits, unless something else is stated in this document.
(iii) The responsibility of the Carrier in connection with or arising out of the supply of a Container to the Merchant shall be determined by the terms of this Bill of Lading. That is valid both before or after the Goods are received by the Carrier for transportation or delivery to the Merchant.
9. Notice of Loss, Time Bar
If the Carrier or its agent at the Port of Discharge or the Place of Delivery have not been notified about loss or damage and the general nature of such loss in writing before or at the time of removal of the Goods into the custody of the Merchant such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as stated in this Bill of Lading. A notice must be given in writing within three days of the delivery if the loss or damage is not patent. The carrier shall always not be made liable unless suit is brought. A notice conerning that must be given within nine after delivery of the Goods or from the date when the Goods should have been delivered.
10. Defence and Limits for the Carrier
Whether the legal actions can be founded in contract or in tort the exemptions from liability, defences, liberties and limits of liability provided for in this Bill of Lading shall apply in any legal action against the Carrier for delay, loss of or damage to the Goods. That is valid even though the delay arose as a result of unseaworthiness, negligence or fundamental breach or repudiation of contract. No interest will be allowed on any claim against the Carrier up to the time of the rendition of judgment.
11. Methods and Routes of Transportation
(1) The Carrier may at any time and without notifying Merchant;
(i) use any means of transport or storage whatsoever;
(ii) transfer the Goods from one conveyance to another. That includes transhipping or carrying the same on another Vessel than the Vessel named overleaf or on any other means of transport whatsoever. That is valid even though transhipment or forwarding of the Goods may not have been contemplated or provided for in this document;
(iii) sail without pilots and proceed via any route, at any speed, proceed to, return to and stay at any port or place whatsoever. That includes the Port of Loading provided in this document. He may as well choose the order in or out of the route or in a contrary direction to or beyond the Port of Discharge once or oftener for bunkering or loading or discharging cargo. He may embark or disembark any person(s). It does not matter if that would be in connection with the present, a prior or subsequent voyage or without limitation any other purpose whatsoever. Before giving delivery of the Goods at the Port of Discharge or the Place of Delivery provided in this document and with liberties as aforesaid leave and then return to and discharge the Goods at such port. He may also tow or be towed, make trial trips, adjust compasses, or instruments or repair or dry-dock, with or without cargo on board;
(iv) decide if the Goods which have been packed into a Container shall be unpakced or removed and/or decide if the Goods shall be forwardd the same in Containers or otherwise.
(v) load and unload the Goods at any port(s) or place(s) and store the Goods for any period at any such port(s) or place(s). That is valid whether or not any such port is named overleaf as the Port of Loading or Port of Discharge.
(2) Anything done or not done in accordance with sub-clause (1) or any delay arising thereof shall be deemed to be within the contractual Carriage and shall not be a deviation.
12. Government directions, War, Epidemics, Ice, Strikes
(i) The Master, and/or the Carrier, shall have liberty to comply with any orders given by any government any person or body acting or purporting to act with the authority of such governmen. That is also valid for any directions or recommendations as to loading, departure, routes, ports of call, stoppages, destination, arrival, discharge, delivery or other ways. This is also valid for orders etc. that might be given by any committee or person having under the terms of the Hull risks insurance on the Vessel the right to give any orders, directions or recommendations.
(ii) The Goods may be discharged at the Port of Loading or at any other port the Master or the Carrier considers safe and convenient if in the opinion of the Master or the Carrier the venture is unsafe, unlawful or inadvisable by the imminence or existence of war, warlike operations or hostilities.
(iii) If the Master or the Carrier is at any time in doubt whether the Vessel can safely and without delay leave the Port of Loading, reach or enter the Port of Discharge or if the Carrier should be doubtful whether he discharge in the usual manner or proceed thence on the voyage the the Goods may be discharged at the Port of Loading or any port they or either them considers safe and convenient or otherwise dealt with pursuant to the liberties and powers contained in Clause 11. This is valid if any hindrance, risk, delay, difficulty, or disadvantage of any kind and howsoever arising even though the circumstances giving rise to each hindrance, delay, difficulty or disadvantage existed at the time this contract was entered into or the Goods were received for Carriage. This includes and without limitations actual or threatening epidemic, quarantine, ice, strike, lockout, labour troubles, interdict, congestion or difficulties in loading or discharge.
(iv) The Carrier may at any time postpone, suspend or cancel the contract in the cases referred to in all the preceding paragraphs under this Clause. The is valid even before the Goods have been received and/or loaded and/or Bill of Lading issued. The discharge of any cargo under the provisions of this clause and/or the conclusion of the venture consequent upon compliance with any orders or directions referred to above, whether the Goods are discharged or not, shall be deemed a fulfillment of the contract.
(v) The Merchant shall be liable for all additional freight and demurrage and all charges and expenses incurred by the Master or Carrier acting as above.
(vi) The Consignee(s) shall, if possible, be informed regarding cases referred to in this clause but without liability on the part of the Carrier.
13. Merchant’s Compliance with Local Laws
The Merchant shall be liable for and shall defend, indemnify and hold the Carrier and the Vessel harmless against any payment, expenses, fines, dues, duty, tax, impost, loss, damage or detention, sustained or incurred by or levied upon the Carrier or the Vessel in connection with the Goods for any cause whatsoever. That is valid for any case, including their nature, quality or condition whether or not the Carrier or Master knows about it. The Merchant shall also be liable for any action or requirement of any government or governmental authority or person purporting to act under the authority concerning that, seizure under legal process or attempted seizure. The Merchant is liable for incorrect or insufficient marking, numbering or addressing of packages or description of the contents. Failure of the Merchant to procure consular, safety or health authority, customs, or other certificates to accompany the Goods or to comply with laws or regulations of any kind imposed with respect to the Goods by the authorities at any port or place or any act or omission of the Merchant. The Merchant is liable for and has to pay return freight and charges thereon if the Goods are refused importation. If for any reason whatsoever the Goods are refused importation the Merchant shall be liable for and shall pay return freight and charges thereon.
14. Temperature controlled cargo
(i) The Merchant undertakes not to tender for transportation any Goods which require temperature controlled without previously giving written notice of their nature and particular temperature range to be maintained. If the Merchant or someone on his behalf packs a temperature controlled Container he warrants and undertakes that the Goods have been packed properly, and at such correct temperature and ventilation, if required. He undertakes that its thermostatic controls and air vents have at all material times been appropriately set by him before handing the Goods by the Carrier. The Carrier is not liable for any loss of or damage to the Goods, howsoever arising, If the above requirements are not complied with.
(ii) The Carrier shall not be liable for any loss of or damage to the Goods arising from latent defects, derangement, breakdown or stoppage of the temperature control 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 refrigerating controls at the temperature range, if any, noted on this Bill of Lading.
(i) Without any limitations and without any notice to the Merchant, the Carrier or its Agents or servants are entlitled to stow, pack, studd or load the Goods in Containers, trailers, transportable tanks, flats or pallets or any similar article of transport used to consolidate Goods. Without any limitations and without any notice to the Merchant, the Carrier or its Agents or servants are entlitled to carry on the Containers, trailers, transportable tanks, flats or pallets or any similar article of transport used to consolidate Goods. That is valid whether stowed as aforesaid or recieved in a stowed, packed, stuffed or loaded condition from the Merchant. This is valid unless the Merchant has asked for the Carriage under deck in writing.
(ii) The Carrier shall not be liable for loss of or damage to the contents of a Container if the Container has not been filled, packed, stuffed or loaded by the Carrier. The Merchant shall defend, indemnify and hold the Carrier harmless 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, stuffed or loaded; or
(b) the unsuitability of the contents for carriage in Containers; or
(c) the unsuitability or defective condition of the Container arising without any want of due diligence on the part of the Carrier to make the Container reasonably fit for the purpose for which it is required; or
(d) the unsuitability or defective condition of the Container which would have been apparent upon reasonable inspection by the Merchant at or prior to the time when the Container was filled, packed, stuffed or loaded; or
(e) packing refrigerated Goods that are not at the correct temperature for carriage hereunder.
(iii)The Carrier is not obligated to but is entitled to open any Container at any time and to inspect the contents. The Carrier may abandon transportation and/or take any measures and/or incur any reasonable additional expense to carry or to continue the Carriage or to store the same ashore or afloat under cover or in the open if it appears that the content or any port of the contents cannot be safely or properly carried or carried further, either at all or without incurring any additional expense or taking any measures in relation to the Container or its contents or any part concering that. The aforesaid storage shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any reasonable additional expense so incurred.
(iv) The Carrier shall have liberty to unstuff a Container in order to effect delivery of Goods in respect of which Bills of Lading have been issued form part of an LCL shipment which has been consolidated into a Container on behalf of either the Merchant or the Carrier.
(v) Goods are considered to by received by the Carrier in fully packed condition for Carriage if they have been stowed, packed, stuffed or loaded by the Merchant in Containers, trailers, transportable tanks, flats or pallets or any similar article of transport used to consolidate Goods.
(vi) The Merchant is responsible for returning the Container, owned or leased by the Carrier, fortwith or within the prescribed time when it is unpacked at the Merchant’s premises. The Container shall be returend with interior brushed and cleaned to the place of discharge or to the point designated by the Carrier or its servants or agents.
The Merchant is liable for hire, cleaning costs, demurrage, loss and expenses which may result from any failure or delay in return of the Container.
16. Freight etc., Earned, Lien
(i) Freight shall be payable on actual gross intake weight or measurement, or on actual gross discharged weight or measurement, if the Carrier chooses so. The Merchant provides in this document particulars that may be used to calculate freight. The Carrier is allowed to open any Container or other package at any time in order to examine, weigh, measure and value the Goods. If the Merchant’s particulars turn out to be incorrect and additional freight is payable the Goods are liable for any expense incurred in examining, weighing, measuring and valuing the Goods.
For damaged or unsounds Goods full freight must be paid. According to this document full freight shall be considered competely earned on receipt of the Goods by the Carrier. The Carrier is entitled to all freight and Charges in accordance with this document whether actually paid or not. The Carrier is also entitled to receive and retain them under all circumstances whatsoever, whether the Vessel and/or Goods are lost or not.
(ii) All unpaid Charges must be paid in full and without any offset, counterclaim or deduction.
The Carrier may collect the additional amount from the Merchant if on correction the freight or charges or higher then expected. Any error in freight or other charges or in the classification of Goods is subject to correction.
(iii) The Carrier shall have a lien on the Goods and any documents relating to that for all sums payable to the Carrier under this contract. That is also valid for any other sums due from the Merchant to the Carrier under any other contracts, whether connected with carriage of Goods or not. That is as well valid for General Average contributions to whomsoever due and for the cost of recovering the same. For that purpose the Carrier shall have the right to sell the Goods by public auction or private treaty without notifying the Merchant.
The Carrier shall be entitled to recover the difference from the Merchant if on sale of the Goods the proceeds fail to cover the amount due and the costs and expense incurred.
(iv) The Merchant shall be liable for all expenses of sorting, mending, cooperage, baling or reconditioning of Goods and/or packages containing the Goods. He is liabe for gathering of loose cargo and/or contents of packages resulting from insufficiency of packing or from excepted perils.
(v) The Merchant cannot take the Goods away once shipped expect upon Carrier’s consent and against payment of full freight and compensation for any damages sustained by the Carrier through such taking away.
(vi) The consignee and/or owner of the Goods shall bear and pay all tonnage dues, shed dues, harbour dues, Customs dues and Charges, wharfage Charges and other dues and Charges payable in respect of the Goods after leaving ship’s tackle.
(vii) If the Carrier uses his rights stated under this clause the Merchant shall defend, indemnify and hold The Carrier harmless against all and any cost incurred by the Carrier.
17. Both to Blame Collision Clause
The Merchant undertakes to pay the Carrier if the (carrying) vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act (neglect or default in the navigation or the management of the carrying vessel). If the Carrier is not the owner and in possession of the carrying vessel the Merchant undertakes to pay the Carrier as trustee for the owner and/or demise charterer of the carrying vessel. The Merchant undertakes to pay a sum sufficient to indemnify the Carrier and/or the owner and/or demise charterer of the carrying vessel against all loss or liability to the other or non-carrying vessel or her owners. That is valid to that extent as such loss or liability represents loss of or damage to, or any claim whatsoever of the Merchant, paid or payable by the other or noncarrying vessel or her owners to the Merchant and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying vessel or her owner or demise charterer of the Carrier. The preceding provisions shall also apply where the owners, operators, or those in charge of any vessel or vessels or objects, other than (or in addition to the colliding vessels or objects) are at fault in respect to a collision, contact, stranding or other accident.
18. General Average
General Average shall be adjusted and payable according to York-Antwerp Rules of 1994 at any port or place at the option of the Carrier. It does not matter whether it is declared by the Carrier or a sub-contractor of the Carrier. The Merchant must give such cash deposit or other security as the Carrier may deem fit to cover the estimated General Average contribution of the Goods before delivery if the Carrier requires, or if the Carrier does not so require, within three months of the delivery of the Goods, whether or not at the time of delivery the Merchant had notice of the Carrier’s lien. The Carrier is not obligated to exercise any lien for General Average contribution due to the Merchant. If a salving ship is owned or operated by the Carrier salvage shall be paid for as fully as if such salving ship belonged to strangers.
In the event of accident, danger, damage or disaster before or after commencement of the voyage resulting from any cause whatsoever 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 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. They shall also pay salvage and special Charges incurred in respect of the Goods.
In the event of fire the Carrier is not liable to answer for or make good any loss or damage to the Goods occuring at any time. That is valid before before loading on the Vessel or after the discharge from the Vessel. That is not valid if the fire was caused by actual fault or privity,
20. Optional Stowage
(i) Goods may be stowed on deck generally and in addition and without limitation on or in the poop, forecastle, deckhouse, shelter deck, passenger space, bunker space or any other covered-in space commonly used in the trade for the carriage of goods without notifying the Merchant. The Goods are considered to be stowed under deck for all purposes, including General Average. Hague Rules, or when appropriate US COGSA as incorporated in this document, shall be appropriate to such carriage of Goods so stowed.
(ii) The Carrier is not resposinble for any loss or damage arising during Carriage by sea on Containers and Good that are carried on deck at shipper’s or Merchant’s risk, as stated on the front page on this document. It does not matter if is caused by unseaworthiness or negligence or any other cause whatsoever.
(iii) Live animals and plants are carried at the sole risk of the Merchant. The Carrier is under no liability whatsoever for any injury, illness, death, dealy or destruction howsoever arising in the case of live animals. That is valid even though its caused or contributed to by the act, neglect or default of the Carrier or by the unseaworthiness or unfitness of any Vessel, craft, conveyance, Container or other place existing at any time.
21. Dangerous Goods
(i) The Merchant has to give the Carrier a written notice should Goods that are of a dangerous, inflammable, radio-active or damaging nature be transported. The Merchant undertakes for that as well as marking the Goods and the Container or other covering on the outside as required by any laws or regulations which may be applicable during the Carriage.
(ii) The Goods must be packed in a manner adequate to withstand the ordinary risks of Carriage in regards to their nature and the Merchant undertakes to make sure all laws or regulations or met which may be applicable during the Carriage.
(ii) If the requirements of paragraphs (i) and (ii) are not complied with the Merchant shall defend, indemnify and hold the Carrier harmless against all loss, damage or expense arising out of the Goods being tendered for transportation or handled or carried by the Carrier.
(iv) Goods that are or at any time become dangerous, inflammable, radio-active or damaging may be unloaded, destroyed, or rendered harmless at any time or place, without compensation. If the Merchant has not given notice of their nature to the Carrier under (i) above the Carrier is under no liability to make any General Average contribution in respect of such Goods.
22. Notification and Delivery
(i) Any mention herein of parties to be notified on the arrival of the Goods is solely for information of the Carrier. Failure to give such notification shall not make the Carrier liable nor relieve the Merchant of any obligation hereunder.
(ii) Where the Carriage called for by this Bill of Lading is a Port to Port Shipment the Carrier shall be at liberty to discharge the Goods or any part concerning them. The Carrier does not need to notify directly they come to hand at or on to any wharf, craft or place on any day and at any time. The liablity of the Carrier (if any) regarding the Goods or that part concerning them shall be discharged as aforesaid shall wholly cease notwithstanding any custom of the port to the contrary and notwithstanding that any Charges, dues or other expenses may be or become payable. Such discharge shall constitute due delivery.
(iii) The liability of the Carrier (if any) shall wholly cease on arrival of the Goods at the Place of Delivery where the Carriage called for in this of Bill of Lading is Combined Transport. As soon as the the Goods have arrived at the Place of Delivery the Merchant must take delivery of them.
23. Metal Products
The term “Apparent good order and condition” in this Bill of Lading with reference to iron, steel or metal products does not mean that when the Goods where recieved were free of visible rust or moisture. A substitute Bill of Lading can be issued where the above defintion is omitted and setting forth any notations as to rust or moisture which may appear on the Mate’s or Tally Clerk’s receipts, if the shipper requests so.
24. USA Clause paramount
(i) This Bill of Lading shall be subject to the United States Carriage of Goods by Sea Act (1936) (US COGSA) if Carriage includes Carriage to, from or through a port in the United States of America. The terms of which are incorporated in this document and shall be paramount throughout Carriage by Sea (except as provided in Clause 20. (ii)) as well as the entire time that the Goods are in the actual custody of the Carrier or his Sub-Contractor at the sea terminal, either before loading onto the Vessel or after discharge therefrom as the case may be.
(ii) While the Goods are in the United States of America away from the Sea Terminal and are not in actual custody of the Carrier the Carrier is not liable in any capacity whatsoever for the loss, damage or delay of or to the Goods. In those circumstances the Carrier acts only as an agent to procure Carriage by a third party (one or more) under the usual terms and conditions of such third party. If the Carrier is for any reason denied the rights to act as agent its liability for loss, damage or delay shall be determined in accordance with clauses 6, 7, 9, and 10 hereof.
(iii) When this Bill of Lading is accepted by a non-vessel operating common carrier (NVOCC) or by a groupage agent acting as a NVOCC, who has in turn issued other contracts of carriage to third parties, the said NVOCC hereby warrants that all contracts of carriage issued by him in respect of Goods the subject of this Bill of Lading shall incorporate the terms and conditions of this Bill of Lading. Where necessary, he warrants to be in accordance with the Tariffs, whether of the Carrier or the NVOCC, required to be filed with the appropriate authorities. The said NVOCC further agrees to defend, indemnify and hold the Carrier, its servants, agents and sub-contractors harmless against all consequences of his failing so to incorporate.
(vi) The liability of the Carrier and/or Vessel shall not exceed the amount set forth in this document’s clause 7 (iii) as allowed by US COGSA. That is valid unless the the value of the Goods has been declared on the front page of this document and extra freight paid on such declared.
If anything in this document is inconsistent with any appropriate international convention or national law which cannot be departed from by private contract, the provisions in this document shall to the extent of such inconsistency but no further be null and void.
26. Jurisdiction and Law
The contract evidenced by this Bill of Lading shall be governed by the law of Iceland and any dispute arising hereunder shall be determined by the Icelandic Courts according to Icelandic law to the exclusion of the jurisdiction of the courts of any other country. The only exception is what is provide in clause 24 (USA Clause paramount).