JSI Logistics Terms of Service (“Agreement”)
This Agreement was last modified on December 10, 2013.
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FULL TEXT OF TERMS BELOW:
AIR TERMS AND CONDITIONS
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable. In most cases limits the
liability of the carrier in respect of loss, damage, or delay to cargo to $20.00 per kilogram, unless a higher value is declared in advance by the shipper and a supplementary
charge paid if required.
CONDITIONS OF CONTRACT
1. As used in this contract “carrier” means all air carriers that carry or undertake to carry the goods hereunder or perform any other services incidental to such air carriage, “Warsaw Convention” means the Convention for the Unification of certain Rules relating to International Carriage by Air, signed at Warsaw, 12 October 1929, or that Convention as amended at The Hague, 28 September 1955, which ever may be applicable, and “French gold francs” means francs consisting of 65½ milligrams of gold with a fineness of nine hundred thousandths.
2.1 Carriage hereunder is subject to the rules relating to liability established by the Warsaw Convention unless such carriage is not “international carriage” as defined
by that Convention.
2.2 To the extent not in conflict with the foregoing, carriage hereunder and other services performed by each carrier are subject to:
2.2.1 applicable laws (including national laws implementing the Convention), government regulations, orders and requirements.
2.2.2 provision herein set forth, and
2.2.3 applicable tariffs, rules, conditions of carriage, regulations and timetables (but not the times of departure and arrival therein) of such carrier, which are made part hereof and which may be inspected at any of its offices and at airports from which from which it operates regular services. In transportation between a place in the United States or Canada and any place outside thereof the applicable tariffs are the tariffs in force in those countries.
3. The first carrier’s name may be abbreviated on the face hereof, the full name and its abbreviation being set forth in such carrier’s tariffs, conditions of carriage, regulations and timetables. The fi rst carrier’s address is the airport of departure shown on the face hereof. The agreed stopping places (which may be altered by carrier in case of necessity) are those places, except the place of departure and the place of destination, set forth on the face hereof or shown in carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive carriers is regarded as a single operation.
4. Except as otherwise provided in carrier’s tariffs or conditions of carriage, in carriage to which the Warsaw Convention does not apply carriers’ liability shall not exceed USD 20.00 or the equivalent per kilogram of goods, lost, damaged or delayed, unless a higher value is declared by the shipper and a supplementary charge paid.
5. If the sum entered on the face of the air waybill as “Declared Value for Carriage” represents an amount in excess of the applicable limits of liability referred to in the above Notice and in these Conditions and if the shipper has paid any supplementary charge that may be required by the carrier’s tariffs, conditions of carriage or regulations, this shall constitute a special declaration of value and in this case carrier’s limit of liability shall be the sum so declared. Payment of claims shall be subject to proof of actual damages suffered.
6. In cases of loss, damage or delay of part of the consignment, the weight to be taken into account in determining carrier’s limit liability shall be only the weight of the package or packages concerned.
Note: Notwithstanding any other provision, for foreign air transportation as defined in the U.S. Federal Aviation Act, as amended, in the case of loss or damage or delay of a shipment or part thereof, the weight to be used in determining the carrier’s limit of liability shall be the weight which is used (or a pro rata share in the case of a part shipment loss, damage or delay) to determine the transpiration charge for such shipment.
7. Any exclusion or limitation of liability applicable to carrier shall apply to and be for the benefit of carrier’s agents, servants and representatives and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives. For purposes of this provision carrier acts herein as agent for all such persons.
8.1 Carrier undertakes to complete the carriage hereunder with reasonable dispatch. Carrier may use alternate carriers or aircraft and may without notice and with due regard to the interests of the shipper use other means of transportation. Carrier is authorized by shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof. This Sub-paragraph is not applicable to/from USA.
8.2 Carrier undertakes to complete the carriage hereunder with reasonable dispatch. Except within U.S.A. where carrier tariffs will apply, carrier may use alternate carriers or aircraft and may without notice and with due regard to the interests of the shipper use other means of transportation. Carrier is authorized by shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof. This Sub-paragraph is applicable only to/from USA.
9. Subject to the conditions herein, the carrier shall be liable for the goods during the period they are in its charge of the charge of its agent.
10.1 Except when the carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for carriage due in accordance with carrier’s tariffs, conditions of carriage and related regulations, applicable laws (including national laws implementing the Convention), government regulations, orders and requirements.
10.2 When no part of the consignment is delivered, a claim with respect to such consignment will be entertained even though transportation charges thereon are unpaid.
11. Notice of arrival of goods will be given promptly to the consignee or to the person indicated on the face hereof as the person to be notified. On arrival of the goods at the place of destination, subject to the acceptance of other instructions from the shipper prior to arrival of the goods at the place of destination, delivery will be made to, or in accordance with the instructions of the consignee. If the consignee declines to accept the goods or cannot be communicated with, disposition will be in accordance with instructions of the shipper.
12.1 The person entitled to delivery must make a complaint to the carrier in writing in the case:
12.1.1 of visible damage to the goods, immediately after discovery of the damage and at the latest within fourteen (14) days from receipt of the goods;
12.1.2 of other damage to the goods, within fourteen (14) days from the date of receipt of the goods;
12.1.3 of delay, with twenty-one (21) days of the date the goods are placed at his disposal; and
12.1.4 of non-delivery of the goods, within one hundred and twenty (120) days from the date of the issue of the air waybill;
12.2 For the purpose of 12.1 complaint in writing may be made to the carrier whose air waybill was used, or to the first carrier or to the last carrier or to the carrier who performed the transportation during which the loss, damage or delay took place.
12.3 Any rights to damages against carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or form the date on which the transportation stopped.
13. The shipper shall comply with all applicable laws and government regulations of any country to, from, through or over which the goods may be carried, including those relating to the packing, carriage or delivery of the goods, and shall furnish such information and attach such documents to this air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to the shipper for loss or expense due to the shipper’s failure to comply with this provision.
14. No agent, servant or representative of carrier has authority to alter, modify or waive any provisions of this contract.
15. If carrier offers insurance and such insurance is requested, and if the appropriate premium is paid and the fact recorded on the face hereof, the goods covered by this air waybill are insured under an open policy for the amount requested as set out on the face hereof (recovery being limited to the actual value of goods lost or damaged provided that such amount does not exceed the insured value). The insurance is subject to the terms, conditions and coverage (from which certain risks are excluded) of the open policy, which is available for inspection at an office of the issuing carrier by the interested party. Claims under such policy must be reported immediately to an office of carrier.
TERMS & CONDITIONS, LIMITATIONS OF LIABILITY
1. In tendering this shipment, the shipper agrees to these Conditions of Contract of Carriage, which no agent or employee of the parties may alter, and that this shipping document is non-negotiable and has been prepared by the shipper. The shipper certifies and represents to Forwarder that the information inserted on the face of this shipping document is complete and accurate. It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by Forwarder’s tariffs, available for inspection at Forwarder’s offices, and which are hereby incorporated into this contract, and a copy of which will be supplied upon request. NOTE: “Shipper” on this contract means the party from whom the shipment is received, the party who requested the shipment be transported by Forwarder, and party having an interest in the shipment, and any party who acts as an agent for any of the above. Except to the extent of any written contract between shipper and Forwarder, this shipping document supersedes and negates any claimed, alleged or asserted oral or written contract, promise, representation or understanding between the parties with respect to this shipment.
2. In the event that shipment is tendered to Forwarder on a straight bill of lading or any other shipping document, Forwarder’s rules and regulations will supersede any rules and regulations contained on the shipping document on which the freight was tendered.
3. Shipper warrants that each package in this shipment is properly and completely described on this shipping document, is properly marked and addressed, is packaged adequately to protect the enclosed goods to insure safe transportation with ordinary care in handling, and except as noted, is in good order and condition. For articles shipped in unenclosed containers, Forwarder shall not be liable for damage/loss unless mishandling and/or loss is evident and is so noted on the delivery receipt at time of delivery. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling.
4. At time of delivery, the consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate a discrepancy (shortage in the shipment or damage to the containers). The consignee may not inspect the contents of the shipping containers until the consignee signs for the shipment on the delivery receipt. NOTE: Such notations as “subject to inspection” and “subject to recount” are not exceptions. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling. NOTE: Under no circumstances shall Forwarder be liable for loss and/ or damage to external shipping containers of any kind.
5. Forwarder SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, INTEREST, UTILITY OR LOSS OF MARKET, WHETHER OR NOT Forwarder HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
6. Due to the inherent nature of the transportation business, Forwarder does not guarantee pick up, transportation or delivery by a stipulated date or a stipulated time, nor shall Forwarder be liable for the consequences of failure to do so.
7. Overcharge claims must be received in writing by Forwarder within one year after date of acceptance of the shipment by Forwarder. Written notification on all other claims (except concealed loss/damage claims) must be received in writing by Forwarder within 30 days after Forwarder accepted the shipment. Notification of concealed loss/damage claims (i.e., claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given) must be received in writing by Forwarder within 12 days after delivery, or if perishables, verbally within 48 hours. For damage claims and concealed loss claims, Forwarder must be allowed the privilege to make inspection of the shipment and the container(s) and packaging material(s) at place of delivery. Claims must be perfected within 180 days after delivery or date delivery was intended. No claims will be entertained until all transportation charges have been paid. Claims may not be deducted from transportation charges and no claims may be deducted from any charges owed Forwarder. Legal action to enforce a claim must be brought within one year after the claim has been denied in writing by Forwarder, in whole or in part.
8. Forwarder’s liability, in the absence of a higher declared value for carriage, is limited to a maximum of $50.00 per shipment or $0.50 per pound, per piece, of cargo lost, damaged, misdelivered or otherwise adversely affected, whichever amount is greater, but in no event shall amount exceed the actual invoice value of the goods. This limitation is subject to provisions as published in Forwarder’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge.
9. Unless each piece of the shipment has a declared value stated and is specifically identified on the Forwarder’s shipping document at the time of the shipment and is so identified on the delivery receipt as being lost, damaged, destroyed, or otherwise affected at time of delivery, Forwarder shall be liable subject to tariff provisions ineffect at the time of the shipment for the “average declared value” of the shipment. The “average declared value” of the shipment shall be determined by first dividing the total declared value of the shipment by the total weight of the shipment. This figure, multiplied by the packaged weight of the piece(s) adversely affected, shall then establish the amount of Forwarder’s liability. The total declared value amount must be inserted in the DECLARED VALUE box on the face of this shipping document. Forwarder’s liability shall in no event exceed the actual invoice value of the goods adversely affected.
10. In the event of the failure or inability of the consignee to take delivery of the shipment, Forwarder will notify shipper in writing at the address shown on the shipping document and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of Forwarder’s notice, Forwarder will return shipment to the shipper at the shipper’s expense. If the shipper fails to accept delivery of a shipment thus returned, Forwarder may, upon 30 days written notice to the shipper, dispose of the shipment at public or private sale and pay itself out of the proceeds to satisfy the transportation charges owing on the shipment. Any sums collected by Forwarder in excess of such transportation charges will be paid to the shipper. No sale or disposal pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The shipper and the consignee shall remain liable, jointly and severally, for any deficiency.
11. Forwarder shall not be liable for loss, damage, delay or monetary loss of any type caused by: Acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical failures; aircraft failures; civil commotions; acts or omissions of customs or quarantine officials; the nature of the freight or any defects thereof; public enemies; hazards incident to a state of war; acts of terrorism; and by acts, defaults or omissions of the shipper or consignee for failure to observe the terms and conditions of the contract of carriage contained in this shipping document, including but not limited to improper packaging, marking, incomplete/ inaccurate shipping instructions and the rules relating to freight not acceptable for transportation of freight acceptable only under certain conditions outlined below.
12. Unless otherwise expressly provided in Forwarder’s tariffs and subject to any conditions or restrictions contained therein, the following articles will not be accepted for carriage: any shipment prohibited by law; original works of art, antiques, bonds, coins of any kind, currency, currency equivalents, furs, fur clothing, gems or stones (cut or uncut), industrial diamonds, gold or silver, coined concentrates, jewelry (other than costume jewelry), pearls, precious metals, securities (negotiable), time sensitive written material (e.g., bids, contract proposals, etc.), when the declared value exceeds $0.50 per pound; household goods and/or personal effects, one-of-a-kind articles or models, prototypes, valuable rugs (i.e., Oriental rugs, Persian rugs) and prints or lithographs when the total declared value of the shipment exceeds $500.00 or when the declared value exceeds $0.50 per pound, per piece; and such other articles provided in Forwarder’s governing tariffs and/or service guide. Forwarder shall not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of any of the foregoing articles, however described or misdescribed in this shipping document, and no employee or agent of Forwarder has any authority to accept for transportation such articles or to waive the limitations herein contained.
13. Forwarder’s liability for aggregate losses at any one time at any one place is limited to $1,000,000.00. For shipments having declared values over $100,000.00,
Forwarder must be given advance notice prior to pick up.
14. Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater.
15. If this is an International shipment,
a. all rules relating to liability as established by the Warsaw Convention shall apply,
b. except as otherwise provided in Forwarder’s tariffs or conditions of carriage, in carriage to which the Warsaw Convention does not apply, Forwarder’s liability shall not exceed U.S. $20.00 per kilogram or the equivalent of goods lost, damaged or delayed, unless a higher value is declared by the shipper and a supplementary charge paid,
c. Forwarder accepts this shipping document as a shipper’s letter of instructions with authorization to prepare and sign on shipper’s behalf an international shipping document, and
d. Forwarder reserves the option to act as agent of the carrier, instead of as a forwarder, in which event the direct carrier’s tariffs shall apply to this shipment and
e. the shipper may select by inserting on the face of this shipping document cargo coverage based on insurance and/or declared value for carriage.
16. Unless inserted otherwise on the face of this shipping document, the C.O.D. amount of the shipment shall be deemed to be the declared value for carriage amount. This declared value for carriage amount in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge.
17. Collect on Delivery (C.O.D.) service is provided under the following conditions:
a. shipper must identify the shipment as a C.O.D. shipment by entering the amount to be collected in the “Shipper’s C.O.D. Box” on the front of this shipping document,
b. shipper must specify the type of payment to be received (e.g. cash, check, money order or cashier’s check) in the “Special Services Box” on the front of this shipping document and
c. Forwarder and shipper agree that Forwarder does not guarantee nor verify that a check, money order, cashier’s check or other such financial instrument is valid or negotiable. All payments are collected at shipper’s risk.
18. Unless prior arrangements are made, the acceptance of cash by Forwarder and its agents for payment of freight charges and/or C.O.D. amounts is limited to a maximum of $2,000.00 per shipment and/or stop. Payment of freight charges and/or C.O.D. amounts in excess of $2,000.00 must be remitted by cashier’s check, certified check, money order, or consignee’s check as authorized by the shipper in writing.
19. Forwarder shall have the right to
a. substitute alternate carriers or other means of transportation and
b. select the routing or deviate from that shown on the face hereof.
20. This shipment is subject to inspection by Forwarder; however, Forwarder is not obligated to perform such inspection.
21. The shipper and the consignee shall be liable jointly and severally for all unpaid charges payable on account of this shipment pursuant to this contract and to pay or indemnify Forwarder for claims, fines, penalties, damages, costs (storage, handling, reconsignment, return of freight to shipper, etc.) or other sums which may be incurred by Forwarder by reason of any violation of this contract or any other default of the shipper or consignee or their agents. Forwarder shall have a lien on any goods shipped for failure to pay charges payable on account of this shipment pursuant to this contract. Forwarder may refuse to surrender possession of the goods until such charges are paid. Should Forwarder bring legal action for the enforcement of this contract or collection of any sums due and payable under this contract, Forwarder shall be entitled to reasonable attorney fees and costs.
22. All invoices not paid within 30 days of invoice date will be subject to a charge of 1 1/2% per month.
23. Shipper and consignee shall hold Forwarder and its agents harmless for loss/damage/delay or any monetary losses which are a result of auxiliary services including but not limited to local cartage, crating, uncrating, packing, and unpacking which are requested by the shipper or consignee and arranged by Forwarder as a customer service unless such services are actually performed by Forwarder or its agents. Such limitation of liability shall extend to the selection by Forwarder of the providers of the auxiliary services. Auxiliary services are those which are performed prior or subsequent to transportation and which may be billed directly by the provider of the services or by Forwarder. Provider of auxiliary services are contractors for the shipper or consignee and are not agents for Forwarder. Local cartage is the movement of unpackaged/uncrated freight. NOTE: Under no circumstances will the liability of Forwarder for any monetary loss which is a result of any auxiliary services performed by Forwarder or its agents be greater that the liability contained in this contract.
24. Should Forwarder successfully defend itself or any legal actions brought by any party with an interest in this shipment, Forwarder shall be entitled to reasonable attorney fees and costs. NOTE: In lieu of legal actions, any disputed claim not greater than $15,000.00 is to be settled through binding arbitration submitted to the Transportation Arbitration Board or the American Arbitration Association under its cargo claim arbitration program. An alternative arbitrator is to be selected by Forwarder if the claim is unacceptable for arbitration by both the above arbitrators.
25. Shipments are subject to security controls by carriers and, where appropriate, by government agencies. Copies of shipping documents will be retained until the shipment is delivered.
26. Insurance coverage is based on the Forwarder’s open insurance policy in effect on the date of the shipment. Failure to properly complete the INSURANCE OPTION on the face of this shipping document shall void the coverage this option affords. Failure to insert at least the full invoice value of the shipment shall reduce any insurance payment proportionately by the applicable percentage that the shipment was so under-insured. There are exceptions and/or special insuring conditions to the insurance option. Contact Forwarder for details, as the cargo insurance policy is subject to limits, terms and conditions and shall be construed to be a contract directly between the shipper and the insurer.
INDIRECT AIR CARRIER STANDARD SECURITY PROGRAM
“Cargo items tendered for air transportation are subject to aviation security controls by air carriers and when appropriate, other government regulations. Copies of all relevant shipping documents showing the cargo’s consignee, description, and other relevant data will be retained on file until the cargo completes its air transportation.”
OCEAN FREIGHT TERMS AND CONDITIONS
“Carrier” means the Company stated on the front of this Bill of Lading as being the Carrier and on whose behalf this Bill of Lading has been signed. “Merchant” includes the shipper, the consignee, the receiver of the Goods, the holder of this Bill of Lading, any person owning or entitled to possession of the Goods or this Bill of Lading, any person having a present or future interest in the Goods or any person acting on behalf of any of the above mentioned persons. “Goods” includes the cargo supplied by Merchant and includes any Container not supplied by or on behalf of Carrier. “Container” includes any container trailer, transportable tank, lift van, flat pallet or any similar article of transport used to consolidate goods. “Carriage” means the whole of the operations and services undertaken or performed by or on behalf of Carrier in respect of the Goods. “Hague Rules” means the provisions of the International Convention for Unification of Certain Rules Relating to Bills of Lading signed at Brussels on 25th August 1924.”Hague-Visby Rules” means the Hague Rules as amended by the protocol signed at Brussels on 23rd February 1968.’COGSA” means the Carriage of Goods by Sea Act of the United States of America approved on 16th Apri1 1936. “Charges” includes freight and all expenses and money obligations incurred and payable by Merchant. “Shipping Unit” includes the term “unit” as used in the Hague Rules and Hague-Visby Rules. “Person” includes an individual, a partnership, a body corporate or other entity. “Stuffed” includes filled, consolidated, packed, loaded or secured.
2. CARRIER’S TARIFF
The provisions of Carrier’s applicable Tariff, if any, are incorporated herein. Copies of such provisions are obtainable from Carrier or his agents upon request or where applicable, from a government body with whom the Tariff has been filed. In the case of inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.
Merchant warrants that in agreeing to the terms hereof he is, or is the agent of and has the authority of, the person owning or entitled to the possession of the Goods or any person who has a present or future interest in the Goods.
4. CERTAIN RIGHTS AND IMMUNITIES FOR CARRIER AND OTHER PERSONS
1. Carrier shall be entitled to sub-contract on any terms the whole or any part of the Carriage.
2. Merchant undertakes that no claim or allegation shall be made against any Person or vessel whatsoever, other than Carrier, including but not limited to Carrier’s servants or agents, any independent contractor and his servants or agents, and all others by whom the whole or any Part of the Carriage, whether directly or indirectly is procured, performed or undertaken, which imposes or attempts to impose upon any such Person or vessel any liability whatsoever in connection with the Goods or the Carriage and if any claim or allegation should nevertheless be made to defend, indemnify and hold harmless Carrier against all consequences thereof. Without prejudice to the foregoing every such Person shall have the benefit of all provisions herein benefiting the carrier as if such provisions were expressly for his benefit and in entering into this contract Carrier, to the extent of these provisions, does so not only on its own behalf but also as agent or trustee for such Persons and vessels and such Persons and vessels shall to this extent be or be deemed to be parties to this contract.
3. Merchant shall defend, indemnify and hold harmless Carrier against any claim or liability and any expense arising therefrom arising from the Carriage of the Goods insofar as such claim or liability exceeds Carrier’s liability under this Bill of Lading.
4. The defenses and limits of liability provided for in this Bill of Lading shall apply in any action against Carrier whether the action be found in contract or in tort.
5. CARRIER’S RESPONSIBILITY
1. Clause PARAMOUNT Subject to clause 12 below.
A. If any portion of the Carriage is to or from the United States of America, COSGA shall apply and shall govern before loading and after discharge and during the entire time the Goods are in the custody of Carrier:
B. In any trade that does not involve any carriage to or from the United States of America, the Hague Rules (excluding Article 9) shall apply, except where the Hague-Visby Rules are compulsorily applicable at the port of loading in which case the Hague-Visby Rules shall apply.
C. Carrier shall be entitled to (and nothing in this Bill of Lading shall operate to deprive or limit such entitlement) full benefit of, and rights to all limitations of and exclusions from liability and all rights conferred or authorized by any applicable law, statute or regulation of any country (Including, but not limited to, where applicable, any provisions or sections 4281 to 4287, inclusive of the revised statutes of the United States of America and amendments thereto and where applicable any provisions of the laws of the United States of America) and without prejudice to the generality of the foregoing also any law, statute or regulation available to the owner of the vessel(s) on which the Goods are carried.
D. Save as is otherwise provided in the Bill of Lading, Carrier shall be liable for loss of or damage to the Goods occurring from the time that the Goods are taken into his charge until the time of delivery to the extent set out below.
2. GENERAL PROVISIONS
A. Delay, Consequential Loss: Save as otherwise provided herein Carrier shall in no circumstances be liable for direct, indirect or consequential loss or damage caused by delay or any other cause whatsoever and howsoever caused. Without prejudice to the foregoing if Carrier is found liable for delay, liability shall be limited to the freight applicable to the relevant stage of the transport.
B. Package, Customary Freight Unit or Shipping Unit Limitation
i. Where COGSA applies to this bill of lading (whether lay its own force or by an agreement). Carrier shall not be liable for loss or damage in an amount exceeding $500 per package lawful money of the United States, or in case of Goods not shipped in packages, per customary freight unit, unless the nature, and value of the Goods higher than this amount has been declared in writing by Merchant before Carrier’s receipt of the Goods and inserted in this Bill of Lading and any extra freight has been paid as required.
ii. Where COGSA does not apply, but where the Hague Rules or any legislation making such rules compulsorily applicable to this Bill of Lading apply, Carrier shall not, unless a declared value has been noted in accordance with (C) below, be or become liable for any loss or damage to or in connection with the Goods in an amount per package or Shipping Unit in excess of the package or Shipping Unit limitation as laid down by such Rules or legislation. If no limitation amount is applicable under such Rules or legislation, the limitation shall be US$500 per package or Shipping Unit.
iii. Where neither COGSA. nor the Hague Rules, nor any legislation applying such Rules, nor the Hague-Visby Rules is compulsorily applicable, Carriers liability shall not exceed US$500 per package or Shipping Unit or US$2.00 per kilo, of the gross weight of the goods lost, damaged or in respect of which the claim arises or the value of the such goods, whichever is less,
C. Ad Valorem: Declared Value of Package or Shipping Unit Carrier’s liability may be increased to a higher value by a declaration in writing of the value of the Goods by the Shipper before delivery to Carrier of the Goods for shipment, such higher value being inserted on the front of this Bill of Lading in the space provided and, if required by Carrier, extra freight paid. In such case if the actual value of the goods shall exceed such declared value, the value shall nevertheless be deemed to be the declared value and Carrier’s liability if any, shall not exceed the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such declared value.
D. The value of the Goods shall be determined according to the commodity exchange price at the place and time of delivery to Merchant or at the place and time when they should have been so delivered or if there is no such price according to the current market price by reference to the normal value of goods of the same kind and quality, at such place and time.
E. Definition of Package or Shipping Unit: Where a Container is used to consolidate goods and such Container is stuffed by Carrier, the number of packages or Shipping Units stated on the face of this Bill of Lading in the box provided, shall be deemed the number of packages or Shipping Units for the purpose of any limit of liability per package or Shipping Unit provided in any international convention or national law relating to title carriage of goods by sea. Except as aforesaid the Container shall be considered the package or Shipping Unit. The words “Shipping Unit” shall mean each physical unit or piece of cargo not shipped in a package including articles or things of any description whatsoever, except Goods shipped in bulk and irrespective of the weight or measurement unit employed in calculating freight charges. As to goods shipped in bulk the limitation applicable thereto shall be the limitation provided in such convention or law which may be applicable and in no event shall anything herein be construed to be a waiver of limitation as to Goods shipped in bulk.
3. Iron, Steel, Metal, Wood Products, Baled Wood Products or Cotton: The term “apparent good order and condition” when used in this bill of lading with respect to iron, steel, metal or wood products does not mean that such goods, when received, were free of visible rust or moisture staining, chafing and/or breakage, or when used with reference to baled wood products or baled cotton does not mean that the covers thereon were not torn or that the bands thereon were free of visible rust or moisture. If the shipper so requests, a substitute bill of lading will be issued omitting the above definition and setting forth any notations as to rust, moisture or tears which may appear in receiving or transporting documents.
4. Notice of Loss or Damage: Carrier shall be deemed prima facie to have delivered the Goods as described in this Bill of Lading unless notice of loss of or damage to, the Goods indicating the general nature of such loss or damage, shall have been given in writing to Carrier or its representative at the place of delivery before or at the time of removal of the Goods into the custody of the Person entitled to delivery thereof under this Bill of Lading or, if the loss or damage is not apparent, within three consecutive days thereafter.
5. Time-bar: Carrier shall be discharged of all liability unless suit is brought in the proper forum and written notice thereof received by Carrier within nine months after delivery of the Goods or the day when the Goods should have been delivered. In the event that such time period shall be found contrary to any convention or law compulsorily applicable, the period prescribed by such convention or law shall then apply but in that circumstance only.
6. MERCHANT’S RESPONSIBILITY
1. The description and particulars of the Goods set out on the face hereof are furnished by Merchant, and Merchant warrants to Carrier that the description and particulars including, but not limited to, of weight, content, measure, quantity, quality, condition, marks, numbers and value are correct.
2. Merchant shall comply with all applicable laws, regulations and requirements of customs, port and other authorities and shall bear and pay all duties, taxes, fines, imposts, expenses and losses incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods.
3. Merchant undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks or carriage having regard to their nature and in compliance with all laws, regulations and requirements which may be applicable.
4. No Goods which are or may become dangerous, inflammable or damaging or which are or may become liable to damage any property or person whatsoever shall be tendered to Carrier for Carriage without Carrier’s express consent in writing and without the Container or other Covering in which the Goods are to be transported and the Goods being distinctly marked on the outside so as to indicate the nature and character of any such articles and so as to comply with all applicable laws, regulations and requirements. If any such articles are delivered to Carrier without such written consent and marking or if in the opinion of Carrier the articles are or are liable to become of a dangerous, inflammable or damaging nature, the same may at any time be destroyed, disposed of, abandoned, or rendered harmless without compensation to Merchant and without prejudice to Carrier’s right to Charges.
5. Merchant shall be liable for the loss, damage, contamination, soiling, detention or demurrage before, during and after the Carriage of property (including, but not
limited to containers) of Carrier or any Person or vessel (other than Merchant) above caused by Merchant or any person acting on his behalf or for which Merchant is otherwise responsible.
6. Merchant shall defend, indemnify and hold harmless Carrier against any loss, damage, claim,liability or expense whatsoever arising from any breach of the provisions of this clause 6(6) or from any cause in connection with the Goods for which Carrier is not responsible.
1. Goods may be Stuffed by Carrier in or on Containers and Goods may be Stuffed with other Goods.
2. The terms of this Bill of Lading shall govern the responsibility of Carrier in connection with or arising out of the supply of a Container to Merchant, whether supplied
before or after the Goods are received by Carrier or delivered to Merchant.
3. If a Container has been Stuffed by or on behalf of Merchant
A. Carrier shall not be liable for loss of or damage to the Goods
i. caused by the manner in which the Container has been stuffed:
ii. caused by the unsuitability of the Goods for carriage in containers;
iii. caused by the unsuitability or defective condition of the Container provided that where the Container has been supplied by or on behalf of Carrier, this paragraph (iii) shall only apply if the unsuitability or defective condition arose
a. without any want of due diligence on the part of Carrier; or
b. would have been apparent upon reasonable inspection by Merchant at or prior to the time when the Container was Stuffed;
iv. if the Container is not sealed at the commencement of the Carriage except where Carrier has agreed to seal the Container.
B. Merchant shall defend, indemnify and hold harmless Carrier against any loss, damage, claim, liability or expense whatsoever arising from one or more of the matters covered by (A) above except for (A) (iii) above.
4. Where Carrier is instructed to provide a Container in the absence of a written request to the contrary, Carrier is not under an obligation to provide a Container of any particular type or quality.
8. TEMPERATURE CONTROLLED CARGO
1. Merchant undertakes not to tender for transportation any Goods which require temperature control without previously giving written notice (and filling in the box on the front of this Bill of Lading if this Bill of Lading has been prepared by Merchant or a person acting on his behalf) of their nature and particular temperature range to be maintained and in the case of a temperature controlled Container Stuffed by or on behalf of merchant, further undertakes that the Container has been properly precooled, that the Goods have been properly Stuffed in the Container and that its thermostatic controls have been properly set by Merchant before receipt of the Goods by Carrier. If the above requirements are not complied with Carrier shall not be liable for any loss of or damage to the Goods caused by such non-compliance.
2. Carrier shall not be liable for any loss of or damage to the Goods arising from defects, derangement, breakdown, stoppage of the temperature controlling machinery, plant, insulation or any apparatus of the Container, provided that Carrier shall before or at the beginning of Carriage exercise due diligence to maintain the refrigerated Container in an efficient state.
9. INSPECTION OF GOODS
Carrier or any person authorized by Carrier shall be entitled, but under no obligation, to open any Container or package at any time and to inspect the Goods.
10. MATTERS AFFECTING PERFORMANCE
1. If at any time the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the Goods) whensoever and howsoever arising (whether or not Carriage has commenced) Carrier may:
A. without notice to Merchant abandon carriage of the Goods and where reasonably possible place the Goods or any part of them at Merchant’s disposal at any place which Carrier may deem safe and convenient, whereupon the responsibility of Carrier in respect to such Goods shall cease.
B. without prejudice to Carrier’s right subsequently to abandon carriage under (A) above continue the Carriage. In any event, Carrier shall be entitled to full charges on Goods received for Carriage and Merchant shall pay any additional costs resulting from the above-mentioned circumstances.
2. The liability of Carrier in respect of the Goods shall cease on the delivery or other disposition of the Goods in accordance with the orders or recommendations given by any government or authority or any Person acting or purporting to act as or on behalf of such government or authority.
11. METHODS AND ROUTE OF TRANSPORTATION
1. Carrier may at any time and without notice to 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, transfer the Goods from one conveyance to another including transshipping or carrying the same on another vessel than that named on the front hereof or by any other means of transport whatsoever; at any place unpack and 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 Carrier’s 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 whatsoever once or more often and in any order; load or unload the Goods from any conveyance at any place (whether or not the place is a port named on the front hereof as the intended Port of Loading or intended Port of Discharge); comply with any orders or recommendations given by any government of 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 Carrier the right to give orders or directions; permit the vessel to proceed with or without pilots, to tow or be towed or to be 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.
2. The liberties set out in (1) above may be invoked by Carrier for any purposes whatsoever whether or not connected with carriage of the Goods. Anything done in accordance with (1) above or any delay arising therefrom shall be deemed to be within the contractual carriage and shall not be a deviation of whatsoever nature or degree.
12. CONTAINERS ON DECK AND DECK CARGO
1. Carrier has the right to carry Goods in Container(s) under deck or on deck without notice to Merchant.
2. When Goods in Containers are carried on deck, Carrier shall not be required to specially note, mark or stamp any statement of ‘on deck stowage’ on the face hereof, any custom to the contrary notwithstanding. The Goods so carried shall be subject to the applicable COGSA, the Hague Rules or the Hague-Visby Rules as otherwise provided herein, and the stowage of such Goods shall constitute under deck stowage for all purposes including general average.
3. Carrier shall not be liable in any capacity whatsoever for any non-delivery, misdelivery, and delay or loss of or damage to Goods which are carried on deck and specially stated herein to be so carried, whether or not caused by Carrier’s negligence or the Vessel’s unseaworthiness.
13. DELIVERY OF GOODS
If delivery of the Goods or any part thereof is not taken by Merchant at the time and place when and where Carrier is entitled to call upon Merchant to take delivery thereof, Carrier shall be entitled without notice to remove from a Container the Goods or that part thereof as is Stuffed in or on a Container and to store the Goods or any part thereof ashore, afloat, in the open or under cover at the sole risk and expense of Merchant. Such storage shall constitute due delivery hereunder and thereupon the liability of Carrier In respect of the Goods or that part thereof shall cease.
14. BOTH- TO-BLAME COLLISION
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, charterer of or person responsible for the non-carrying vessel of object, Merchant undertakes to defend, indemnify and hold harmless Carrier against all claims by or liability to (and any expenses arising therefrom) any vessel or Person in respect of any loss of, or damage to, or any claim whatsoever of Merchant paid or payable to Merchant by the non-carrying vessel or object or the owner of, charterer 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 Carrier, the carrying vessel or her owners or her charters.
15. GENERAL AVERAGE
1. Carrier may declare General Average which shall be adjustable according to the York/Antwerp Rules of 1974 at any place at the options of Carrier and the Amended Jason Clause as approved by BIMCO is to be considered as incorporated herein, and Merchant shall provide such security as may be required by Carrier in this connection. Any sub-contractor of Carrier may declare General Average adjustable pursuant to such rules, and at a location, as provided in its bill of lading
2. Notwithstanding (1) above, Merchant shall defend, indemnify and hold harmless Carrier in respect of any claim (and any expense arising therefrom) of a General Average nature which may be made on Carrier and shall provide such security as may be required by Carrier in this connection.
3. Carrier shall be under no obligation to take any steps whatsoever to collect security for General Average contributions due to Merchant
1. Charges shall be deemed fully earned on receipt of the Goods by Carrier or any of its agents and shall be paid and non-returnable in any event.
2. The Charges have been calculated on the basis of particulars furnished by or on behalf of Merchant. Carrier shall be entitled to production of the commercial invoice for the Goods or true copy thereof and to inspect, re-weigh, re-measure and re-value the Goods, and if the particulars are found by Carrier to be incorrect Merchant shall pay Carrier the correct Charges (credit being given for the Charges charged) and the costs incurred by Carrier in establishing the correct particulars
3. All Charges shall be paid without any set-off, counterclaim, deduction or stay of execution.
Carrier shall have a lien on goods and any documents relating thereto for all charges and sums whatsoever due and for the costs of recovering the same and Carrier shall have the right to sell the Goods and documents by public auction or private treaty, without notice to Merchant and at Merchant’s expense and without any liability towards Merchant.
18. VARIATION OF THE CONTRACT
No servant or agent of 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 officer of Carrier who has the actual authority of Carrier so to waive or vary.
19. PARTIAL INVALIDITY
If any provision in this Bill of Lading is held to be invalid or unenforceable by any court or regulatory of 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 provisions were not contained herein.
20. LAWS & JURISDICTION
This contract shall be construed under and governed by the law of the United States of America. At the sole option of Carrier, any suit relating in any way to this contract or the Carriage of the Goods shall be filed in or transferred to the state or federal courts in San Francisco, California, USA, and Merchant hereby consents to jurisdiction and venue in any such court.
WAREHOUSE TERMS AND CONDITIONS
Terms and Conditions, Limitations of Liability
1. The Customer agrees that the Company shall only be liable for any loss, damage, expense or delay to the goods resulting from the gross negligence or other fault of the Company; such liability shall be limited to $0.50 per box or $50.00 maximum, or the fee charged for the services, provided that, in the case of partial loss, such amount will be adjusted pro rata.
2. Where the Company issues its own bill of lading and receives freight charges as its compensation. Customer has the option of paying a special compensation and increasing the limit of Company’s liability up to the shipment’s actual value; however, such option must be exercised by written agreement, entered into prior to any covered transaction(s), setting forth the limit of the Company’s liability and the compensation received.
3. In instances other than in (2) above, unless the Customer makes specific written arrangements with the Company to pay special compensation and declare a higher value and Company agrees in writing, liability is limited to the amount set forth in (1) above.
4. Customer agrees that the Company shall, in no event, be liable for consequential, punitive, statutory or special damages in excess of the monetary limit provided for above.