(1) CLAUSE PARAMOUNT
(A) Subject to clause 13 below .this Bill of Lading insofar as it relates to see carriage by any
vessel whether named herein or not shall effect subject to the Hague Rules or any legislation
marking such Rules or the Hague-Visby Rules compulsorily applicable (such as COGSA or COGWA)to
this Bill of Lading the provisions of the Hague Rules or applicable shall be deemed incorporated
herein. The Hague Rules (or COGWA if this Bill of Lading is subject to U.S or Canadian law
respectively) shall apply to the carriage of Goods by inland waterways and reference to carriage
by sea in such Rules or legislation shall be deemed to conclude reference to inland waterways.
If and to the extent that the provisions of the Harter Act of the United States of America 1893
would otherwise be compulsorily applicable to regulate the carrier's responsibility for the
Goods during any period prior to loading on or after discharge from the vessel the Carriers
responsibility shall instead be determined by the provisions of 6(3) below, but if such
provisions are found to be invalid such responsibility shall be subject to COGSA.
(B) The Carrier shall be entitled to (and nothing in this Bill of Lading shall operate to
deprive or limit such entitlement)the full benefit of ,and right to, all limitations of and
exclusions of and exclusions of and exclusions from liability and all rights conferred or
authorised by any applicable law, statute or regulations of any country (including, but not
limited to ,where applicable any provisions or section 4281 to 4287;inclusive,of the ,of the
Revised Statutes of the United States of America and amendments thereto and where applicable any
provisions of the law of the United States of America)and without prejudice to the generality of
the foregoing also and law, statute of regulations available to the Owner of the vessel(s) on
which the Goods are carried.
(2) PORT TO PORT SHIPMENT
The responsibility of the Carrier is limited to that part of the Carriage from and during
loading onto the vessel up to and during discharge from the vessel and the Carrier shall not be
liable for any loss or damage whatsoever in respect of the Goods or for any other matter arising
during any other part of the Carriage even though charges for the whole Carriage have been
charged by the Carrier. The Merchant constitute the Carrier as agent to enter into contracts on
behalf of the Merchant with other for transport, storage, handling or any other services in
respect of the Goods prior to loading and subsequent of the Goods from the vessel without
responsibility for any act or omission whatsoever on the part of the carrier or others and the
carrier may as such agent enter into contracts with other on any whatsoever including terms less
favourable than the terms in this Bill of Lading.
(3.) COMBINED TRANSPORT
Save as is otherwise provided in this Bill of Lading ,the 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;
(A) Where the stage of Carriage where the loss or damage occurred cannot be proved:
(i)The carrier shall be entitle to rely upon all exclusion from liability under the rules or
legislation that would have been applied under 6(1) (A) above had the loss or damage occurred at
sea or, if there was no carriage by sea, under the Hague Rules (or COGSA or COGWA if this Bill
of Lading is subject to U.S or Canadian law respectively)
(ii) Where the (i) above, the carrier is not liable in respect of some of the factors causing
the loss or damage ,he shall only be liable to the extent that those factors for which he is
liable have contributed to the loss or damage.
(iii)Subject to 6(4) (C) below, where the Hague Rules or any legislation applying such Rules or
the Hague-Visby Rules (such as COGSA or COGWA) is not compulsorily applicable, the Carrier's
liability shall not exceed 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 such Goods, with ever is the lesser.
(iv) The value of the Goods shall be determined according to the commodity exchange price at the
place and time of delivery to the 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 reference to the
normal value of Goods of the same kind and quality, at such place and time.
(B) Where the stage of carriage where the loss of damage occurred can be proved:
(i) The liability of the Carriage shall be determined by the provisions contained in any
international convention or national law of the country which provisions:
(a) Cannot be departed from by private contact to the detriment of the Merchant and
(b) Would be applied if the merchant had made a separate and direct contract with the Carrier in
respect of the particular stage of the Carriage where the loss or damage occurred and had
received as evidence thereof any particular document which must be issued in order to make such
international convention or national law applicable
(ii) With respect to the transportation in the United states of America or in Canada to the Port
of loading from the Port of discharge, the responsibility of the carrier shall be to procure
transportation by carriers (one or more) and such transportation shall be subject to inland
carriers' contract of carriage and tariffs and any law compulsorily applicable. The carrier
guarantees the fulfilment of such inland carriers' obligations under their contact and tariffs.
(iii) Where neither (i) nor (ii) above apply, any liability of the Carrier shall be determined
by 6(3) (A) above.
(4) GENERAL PROVISIONS
(A) Delay, Consequential Loss
Save as otherwise provided – herein, the Carrier shall no circumstances be liable for direct,
indirect or consequential loss or damage caused by delay or any other cause what so ever and
howsoever caused. Without prejudice to the foregoing, if the carrier is found liable of delay.
Liability shall be limited to the freight applicable to the relevant stage of transport.
(B) Package or Shipping Unit Limitation.
Where the Hague Rules or any legislation making such rules compulsorily applicable (such as
COGSA or COGWA) to this Bill of Lading apply, the Carrier shall not, unless a declared value has
been noted in accordance with( C) below, be or become 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. Such limitation amount according to
COGSA is US$500 and according to COGWA is Can$500. If no limitation amount is applicable under
such Rules or legislation, the limitation shall be US$500.
(C) Ad valorem : Declared value of Package of Shipping Unit
The Carrier's liability may be increased to a higher value by a declaration in writing of the
value of the Goods by the shipper upon delivery to the carrier of the Goods for shipment, such
higher value being inserted on the front of the Bill of Lading in the space provided and ,if
required by the 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 the Carrier's liability if any ,shall not exceed the declared value and any partial
loss or damage shall be adjusted pro rate on the basis of such declared value.
(D) Definition of Package or Shipping unit
Where a Container is used to consolidate Goods and such Container is stuffed by the 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 the carriage of Goods by sea. Except as aforesaid the Container shall be
considered the package or shipping unit.
The world "shipping unit " shall mean each physical unit or place of cargo not shipping in
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 on no event shall anything
herein be construed to be a waiver of limitation as to Goods shipped in bulk
(E) Rust, etc.
It is agreed that superficial rust, oxidation or any like condition due to moisture, is not a
condition of damage but is inherent to the nature of the Goods and acknowledgement of receipt of
the Goods in apparent good order and condition is not a representation that such conditions of
rust, oxidation or the like did not exist on receipt.
(F) Notice of Loss of Damage
The carrier shall be deemed prima facie to have delivered the Goods as describe 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 the carrier or to the representative at the
place of delivery before or at the time of removal of the Goods into the custody of the person
entitle to delivery thereof under this Bill of Lading or .if the loss or damage is not apparent,
within three consecutive days thereafter.
(G) Time –bar
The Carrier shall be discharged of all liability unless suit is brought in the proper forum and
written notice thereof received by the carrier within nine months after delivery of Goods or the
date 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.