The headings (printed in capital letters) are inserted for convenience and do not form part of the contract clause.
- MERCHANT: Wherever the term “Merchant” is used in this B/L, it shall be deemed to include the shipper; the consignee, the Holder of the B/L and the owner of the goods.
- CONTRACTOR: The term “Contractor” as used in this B/L means the transport operator by whom or on whose authority this B/L is signed, and his servants and agents and Carriers as defined hereunder.
- CARRIER: Whilst the Contractor undertakes the carriage of the goods to their destination, he shells not be obliged to do so by means of vehicles or vessels owned or operated by him but be free in his own discretion to ship the goods by other carriers. The term “carrier” as used hereinafter shall be deemed lo mean any or all of such other carriers and terminal operators if, when, and to the extent that the goods are in their charge whether or not they are named in this BILL, and their servants and agents.
- TITLE TO THE GOODS, NEGOTIABILITY: This BILL Is a document of title, i. e. release of the goods is subject to surrender of this B/L.
Furthermore, this B/L is a negotiable document if issued “to order” and if at least one part or section of the carriage undertaken by the Contractor is subject to national law and/or International Conventions permitting the Issue of negotiable documents of title in respect thereof.
If the Consignee is named in this B/L, the party presenting this B/L endorsed by the Consignee shall be deemed to be acting as the Latter’s fully authorized agent and entitled, to the exclusion of all others, to receive, hold and dispose of the goods in the Consignee’s name and behalf
If the Consignee is not named herein and this B/L is a negotiable document as aforesaid, the party presenting this B/L endorsed by the Shipper shall be entitled, to the exclusion of all others, to receive, hold, and dispose of the goods, in his own name.
- PRIMARY LIABILITY: The contract evidenced by this BILL is between the Merchant and the Contractor who only shall be liable for the due performance thereof. If, however, it should be adjudged that any Carrier should be liable to the Merchant or any other claimant with regard to this contract, all defenses including all Limitations of and exemptions from liability available to such Carrier shall be available to the Contractor.
- SHIPPER’S WARRANTY: The shipper expressly warrants that he is either the owner of the goods or that he enters this contract with the full authority of the Owner, and that he agrees these Terms of Contract on behalf of all parties included under the term “Merchant” as defined above.
- CHOICE OF ROUTE AND MEANS: The indications of route and Carrier in this B/L are not binding on the Contractor who shall be free to change either or both as he deems appropriate, and who is not obliged to use the shortest or a customary route.
If and when change of route, Carriers, ports of loading and/or discharge, transfer terminals, customs stations, and/or the place of delivery is affected in consequence of a route change, transshipment, short or over –carriage or other deviation of a Carrier exercising versus the Contractor his statutory right to do so without becoming liable for loss or extra costs caused by such deviation or off-place delivery. Then the aforementioned right of the Carrier shall insure also to be benefit of the Contractor.
- PARAMOUNT CLAUSE: If the goods for any portion of the total voyage are carried on a sea vessel, the Hague Rules contained in the International Convention for the Unification of Curtain Rules Relating to B/L’s, dated Brussels 25th August 1924. (Hereinafter referred to as the Hague Rules) as enacted in the Country of Shipment shall apply to this contract.
- SUBROGATION (NON-CONCURRENCE) OF LIABILITY: If a Carrier is liable to the Contractor for loss of or damage to the goods, the Contractor agrees that upon written demand from the Merchant he will code and assign all his right and title to compensation from such Carrier in respect of such loss of or damage to the goods only. In the event of a cession as aforesaid the Liability of the Contractor in respect of the said Loss or damage shall be annulled, and all costs and expenses incurred by the Contractor in pursuance of his claim upon the Carrier shall be reimbursed by the Merchant.
- DELAY CAUSED BY MERCHANT, CUSTOMS ETC.: The Merchant shall Load and unload promptly containers, including trailers and/or other transport equipment placed at his disposal for this voyage by the Contractor or on his behalf, and he shall be solely responsible for delay and detention of the Containers as aforesaid In Loading, unloading and/or for clearance and/or inspection of the goods by customs or other government authorities.
It is expressly agreed and understood that the Contractor shall not act as customs broker or clearing agent of the Merchant, and that if the Contractor performs or in any way arranges the performance of services customarily rendered by such brokers or agents, these services shall not be part of his obligations under this contract in any way but always constitute an entirely separate transaction.
- OBLIGATION TO TAKE DELIVERY: If the goods are not taken by the Merchant at the time when The Carrier is entitled to call upon him to make delivery, the Carrier shall be at liberty at the sole risk and expense of the Merchant to put the goods in safe custody.
The Carrier shall further be entitled to forthwith in the case of perishable goods and 30 days after arrival in any other case to sell the goods and to deduct out of the proceeds thereof all freight another charge and expenses of the Carrier in relation thereto
- FREIGHT AND CHARGES: Freight to be paid in cash without discount, and, whether prepayable or payable at destination, to be considered as earned on receipt of the goods and not to be returned or relinquished, container, vehicle, vessel and/or goods Lost or not lost. Carrier may apply origin and/or destination charges, surcharges, cancellation fees and/or extraordinary charges, which shall pay Merchant. All dues, taxes and charges or other expenses in connection with the good shall be paid by the Merchant. The Merchant warrants the correctness of the declaration of contents, insurance. weight, measurement, or value of the goods but the Contractor reserves the right to have the contents inspected and the weight. measurement or value verified. If difference between the correct freight and the freight charges or to double the correct freight less the freight charges, whichever sum is smaller, shall be payable as Liquidated damages to the Contractor for his inspection costs and losses of freight on other goods notwithstanding any other sum having been stated on the B/L as freight payable.
The Merchant shall not be entitled to withhold payment of any freight or other sum on account of any set-off or counterclaim whatsoever.
- CANCELLATION FEES: If the shipment is cancelled after a logistic coordination has started, then Merchant shall pay the Contractor a cancellation fee, depending on the origin, and applicable by the 1st of August of 2021.
- FAILURE IN PAYMENT OF INVOICES: Merchant undertake to settle all payments in accordance with the credit agreement. If Merchant does not settle outstanding amounts, Contractor reserves the right to take any or all the following actions: Withhold original B/L, until all outstanding amount under these Flexible Terms, including collection and reminder fees and expenses, are settled. Suspend or terminate the provision of credit and/or immediately terminate all the legal transaction(s) existing with Merchant. Exercise any applicable right of lien over any cargo and stop providing or arranging services. Commence legal collection proceedings. Any expenses and fees incurred in collecting overdue amounts are to be covered by Merchant.
- LIENS: The Contractor shall have a Lien upon the goods and any documents relating thereto for alt freight and all other sums or claims of any nature due on any account whatsoever to the Contractor.
- GENERAL AVERAGE: If General Average is declared on a vessel carrying the goods, it is agreed that the Carrier’s normal Conditions of Carriage shall be applied, or if these be adjudged inapplicable, the Merchant’s obligations shall be determined according to the York Antwerp Rules 1950.
- NOTIFICATION OF CLAIMS: The Merchant shall notify the Contractor, or his delivering office or agent named here in immediately when Loss or damage becomes apparent to him, and this must be confirmed in writing latest 7 days after delivery.
The Contractor shall be discharged from all Liability hereunder unless Legal action, or arbitration if so agreed, has been instituted against him within one year after delivery.
- LOCUM CITANDIETECUTANDI: All claims and disputes arising under this B/L shall be decided in the Country where the Carrier has his principal place of business, and the Law of such Country shall apply to the exclusion of the jurisdiction of the Courts of any other Country.
- DANGEROUS AND HARMFUL CARGO: No Goods of a dangerous, inflammable, or damaging nature (which expression includes goods likely to cause damage to the container or to other goods) shall be consigned to the Contractor without his express consent gives in writing. If such goods are consigned lo the Contractor without such express consent or if in the opinion of the Contractor the goods become dangerous, inflammable or of a damaging nature, the same may al any time be destroyed, disposed of abandoned, thrown overboard or rendered harmless without prejudice to the Contractor’s right to freight and any other charges thereon, and the Merchant shall whether or not aware of the nature of the goods be liable to the Contractor of all Loss, damage or liability caused to or Incurred by the Contractor as a result of such consignment. The Merchant shall be respon sible for compliance with all regulations relating to such goods as aforesaid in force in any Country through or in which the goods may pass or be.
- SEA CARRIAGE ON OR UNDER DECK: The Contractor shall have the Liberty to stow the goods or any part thereof on or under deck and shall be under no Liability whatsoever for any loss, damage or delay caused through the goods being stowed on deck.
- PACKAGE LIMITATION: In the event of any Loss of or damage to Goods exceeding in actual value $500 Lawful money of the United States per package, or in case of Goods not shipped in packages, customary freight unit, meaning the unit in which the cargo is shipped, container stuffed by the Merchant to be considered as a unit, the value of Goods shall be deemed to be $500 per package per customary freight unit, unless the nature of Goods and a higher value shall be declared by Shipper, in writing before shipment, and inserted in this Bill of Lading, and extra freight paid thereon if required.
In the event of a higher value being declared by shipper, in writing and inserted in this Bill of Lading and extra freight paid thereon, if required, Carrier’s Liability, if any, for Loss or damaged to or in connection with Goods shall be determined on the basis of such declared value, and prorate of such declared value in case of partial Loss or damage, provided such declared value in case of partial Loss or damage, provided such declared value does not exceed the actual value of Goods.