(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.