1. In this Bill of Lading, the following words have the following
meanings: "Carrier" means HONOUR LANE LOGISTICS (USA), INC."
COGSA" means the Carriage of Goods by Sea Act of the United States of America approved on 16 April 1936.
"Merchant" means the shipper, the consignee, and the lawful holder of this Bill of Lading.
"goods" includes goods, cargoes, wares, merchandise, and articles of every kind whatsoever (including articles of transport not supplied by or on behalf of the Carrier).
"Dangerous Goods" means the goods which are of dangerous, explosive, inflammable, radioactive and/or damaging nature.
"Hague Rules" means the International Convention for the Unification of certain Rules of Law relating to Bills of Lading signed at Brussels on 25 August 1924.
"Hague-Visby Rules" means the Hague Rules as amended by the Protocol signed at Brussels on 23 February 1968.
"Services" means any services of the Carrier provided for the Merchant e.g. carriage of goods by sea, inland waterway, land, road, rail and/or air; and/or storage, labelling, loading, unloading, packing, unpacking, consolidation, de-consolidation, collection, delivery and/or other handling of goods.
"SDR" means Special Drawing Rights as defined by the International Monetary Fund.
2.1. If at any time one or more of the terms of this Bill of Lading becomes invalid or illegal, the validity or legality of the remaining terms of this Bill of Lading shall not in any way be affected.
2.2. The Carrier shall be entitled to all the rights, immunities, exceptions and limitations conferred on the carrier or the owner of the vessel by any applicable law or legislation.
2.3. Notwithstanding any other terms to the contrary in this Bill of Lading, in the event that the owner and/or the charterer of the vessel are held by any court worldwide to be entitled to limit their liability (for any loss of and/or damage to the goods) to an amount based on any international tonnage limitation conventions or the similar national tonnage limitation laws, the Carrier’s liability for the loss of and/or damage to the goods shall be limited to the same amount as aforesaid. The international tonnage limitation conventions include the Convention on Limitation of Liability for Maritime Claims 1976, and its 1996 Protocol. The similar national tonnage limitation laws include the Maritime Code of the People’s Republic of China.
2.4. Carriage of goods by sea or inland waterway covers the period from the time when the goods are loaded on to the time they are discharged from the vessel. The loading takes place either when the goods pass the vessel’s rail and are on board the vessel or when the vessel’s tackle is attached to the goods for taking them on board. The discharge ends either when the goods pass the vessel’s rail and are off the vessel or when the vessel’s tackle is removed from the goods deposited quayside. As far as carriage of goods by sea or inland waterway is concerned, theCarrier’s liability shall be determined by the Hague Rules or any legislation (such as COGSA) making such Rules or the Hague-Visby Rules compulsorily applicable to this Bill of Lading, and the Hague Rules or the Hague-Visby Rules shall prevail in so far as they are inconsistent with any other terms of this Bill of Lading except Clause 2.3. The limitation amount in Article IV (5) of the Hague Rules is deemed to be the nominal value of 100 pounds sterling. Article IX of the Hague Rules is deemed to be deleted. The limitation amount according to COGSA is US$500 per package or customary freight unit, unless the nature and value of the goods have been declared by theshipper before shipment and inserted in this Bill of Lading.
2.5. Regarding the responsibility and liability of the Carrier for loss of or damage to, or in connection with, the custody and care and handling of the goods prior to the loading on the vessel and subsequent to the discharge from the vessel, such shall be determined by the terms of this Bill of Lading but not by the Hague Rules nor the Hague-Visby Rules.
2.6. The Services are subject to the terms of this Bill of Lading.
2.7. In this Bill of Lading, words importing the singular include the plural and vice versa; words importing a gender include every gender.
2.8. Wherever it is provided in this Bill of Lading that notice shall be dispatched by the Carrier to the Merchant, such notice shall be deemed as having been dispatched if (i) the Carrier does not know the address, e-mail address or fax number of the Merchant or (ii) the notice cannot reach the Merchant through its address, e-mail address or fax number last known to the Carrier.
2.9. The Merchant’s liability under this Bill of Lading shall be joint and several.
3.1. This Bill of Lading, if consigned to order, is negotiable and constitutes title to the goods. The holder, by endorsement of this Bill of Lading, is entitled to receive or transfer the goods.
3.2. This Bill of Lading, if consigned to a named consignee, is not negotiable.
3.3. This Bill of Lading is prima facie evidence of receipt of the goods by the Carrier. However, proof to the contrary is not admissible when this Bill of Lading has been transferred to a third party acting in good faith.
4. The Merchant warrants that:
a. all the goods have been properly and sufficiently packed, labelled and/or marked, and
b. the goods are fit and suitable for the carriage, storage and/or any other handling, and
c. the Merchant shall fully comply with the applicable laws and/or regulations of ports, Customs, and other authorities.
5.1. The Merchant shall indemnify the Carrier against all claims, liability, losses, damage, costs and/or expenses (including loss of and damage to any container and/or vessel) arising from or in connection with (i) the Carrier acting in accordance with the Merchant's instructions, (ii) a breach of warranty and/or obligation on the part of the Merchant, (iii) the inaccurate and/or insufficient information provided by the Merchant, and/or (iv) the mistake, negligence or wilful default of the Merchant, its employee, agent or contractor.
5.2. The Merchant undertakes that no claim shall be made against any employee, agent or sub-contractor of the Carrier if such claim imposes upon them any liability in connection with any Services provided by the Carrier. If any such claim should nevertheless be made, the Merchant shall indemnify the Carrier against all consequences. Every such employee, agent and sub-contractor shall have the benefit of all the terms herein benefiting the Carrier as if such terms were expressly provided for his or its benefit. For these purposes, the Carrier contracts for itself and also as agent and trustee for each such employee, agent and sub-contractor.
5.3. The Merchant shall defend, indemnify and hold harmless the Carrier from and against all claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of the Carrier under the terms of this Bill of Lading, and such indemnity shall include all claims, costs and demands arising from the negligence or mistake of the Carrier and from the mistake, negligence, wilful default or deliberate wrongdoing of the Carrier’semployee, agent or subcontractor.
5.4. The Merchant shall defend, indemnify and hold harmless the Carrier in respect of any General Average claim and any Salvage claim that may be made against the Carrier, and the Merchant shall provide such security as may be required by the Carrier. General Average shall be adjusted according to the York-Antwerp Rules 1974 or any amendment thereto or the York-Antwerp Rules 1994 or any modification thereof at the option of the Carrier. All goods shall be subject to a lien for General Average and/or Salvage security. If the Merchant fails to provide General Average and/or Salvage security acceptable to the Carrier within 14 days after notice has been dispatched to the Merchant’s address, email address or fax number last known to the Carrier, the goods may be sold by public auction or private treaty or may be disposed of at the sole discretion of the Carrier at the expense of the Merchant, and the proceeds if any (net of the expenses in connection with such sale) shall be applied in satisfaction of General Average and/or Salvage contribution. In case the Merchant does not receive the notice dispatched by the Carrier asking the Merchant to provide General Average and/or Salvage security, such shall not affect the Carrier’s aforesaid right to sell or dispose of the goods. The Merchant is responsible for payment of all costs and expenses (including but not limited to storage costs and demurrage charges) being incurred when the goods are being liened for General Average and/or Salvage security.
5.5. In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequence of which, the Carrier is not responsible, by Statute, contract or otherwise, the goods, Shipper, Consignee or owners of the goods shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of aGeneral Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the goods. If a salving vessel is
wned or operated by the Carrier, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers. Such deposit as the Carrier, or its agent, may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, Shipper, Consignee or owners of the goods to the Carrier before delivery.
5.6. If the vessel carrying the goods (the carrying vessel) collides with any other vessel (the non-carrying vessel) as a result of the negligence of both the vessels, the Merchant undertakes to defend, indemnify and hold harmless the Carrier against any liability to any other party in so far as such liability relates to any claim whatsoever made against the noncarrying vessel by the Merchant.
6. Except under special arrangements previously made in writing, the Merchant warrants that the goods are not Dangerous Goods, nor are goods of comparable hazard, nor are goods otherwise likely to cause damage. The goods that are likely to cause damage include the goods that are likely to encourage vermin, and the goods that are likely to encourage other pests. Should the Merchant nevertheless deliver any such goods to the Carrier or cause the Carrier to handle any such goods otherwise than under special arrangements previously made in writing, then whether or not the Carrier is aware of the nature of such goods, the Merchant shall be liable for all expenses, losses and/ or damage whatsoever caused by or to or in connection with such goods and howsoever arising, and shall indemnifythe Carrier against all penalties, claims, damages, costs, expenses and/or liability whatsoever arising from or in
connection with such goods, and such goods may be destroyed or otherwise dealt with at the risk and expenses of the Merchant at the sole discretion of and without any liability to the Carrier. If such goods are handled by theCarrier under arrangements previously made in writing, they may nevertheless be destroyed at the risk and expenses of the Merchant at the sole discretion of and without any liability to the Carrier on account of risk to other goods, property, life or health.
7. Except under special arrangements previously made in writing, the Carrier will not deal with bullion, bank notes, coins, cheques, bonds, negotiable documents and securities, precious stones, precious metal objects, jewellery, valuables, antiques, valuable works of art, live animals or live plants. Should the Merchant nevertheless deliver any such goods to the Carrier or cause the Carrier to handle any such goods otherwise than under special arrangements previously made in writing, the Carrier shall be under no liability whatsoever and howsoever arising in connection with such goods and notwithstanding that the value of any such goods may be shown, declared or indicated on any documents accompanying such goods.
8.1. The Carrier is entitled (but not obliged) to sell the goods by public auction or private treaty or to dispose of the goods at the Carrier’s sole discretion if delivery of the goods is not taken by the Merchant within 14 days after notice has been dispatched to the Merchant’s address, e-mail address or fax number last known to the Carrier. In case the Merchant does not receive the notice dispatched by the Carrier asking the Merchant to take delivery of the goods, such shall not affect the Carrier's aforesaid right to sell or dispose of the uncollected goods. The Merchant shall pay all costs and expenses(including storage costs) incurred in connection with the storage and the sale or disposal of the goods.
8.2. All goods and documents relating to such goods shall be subject to (i) particular lien for monies due in respect of such goods, and (ii) general lien for any other monies (not relating to such goods) due from the Merchant to theCarrier. If any such monies due to the Carrier are not paid within 14 days after notice has been dispatched to the Merchant’s address, e-mail address or fax number last known to the Carrier, the goods may be sold by public auction or private treaty or may be disposed of at the sole discretion of the Carrier at the expense of the Merchant, and the proceeds if any (net of the expenses in connection with such sale) shall be applied in satisfaction of such debts, and the Carrier shall not be liable for any reduction in value received on the sale of the goods, nor shall the Merchant be relieved from the liability of any outstanding debts merely because the goods have been sold or disposed of. In case the Merchant does not receive the notice dispatched by the Carrier asking the Merchant to pay the outstanding monies, such shall not affect the Carrier’s aforesaid right to sell or dispose of the goods. The Merchant is responsible for payment of all costs and expenses (including storage costs) being incurred when the goods are being liened.
8.3 If the full container load is not picked up within the free demurrage and/or detention period stipulated by the relevant third party, Carrier has the right to unpack the container and return the empty container to the yard to avoid detention fees and other charges from increasing, and temporarily store the goods (whether in bonded or cleared status) in the warehouse or by other means until they are picked up. All costs arising therefrom shall be borne by Merchant.
8.4 If Merchant fails to deliver the goods within the free storage period of the container, resulting from the consignee's delay, non-arrival, refusal, abandonment or non-pickup of the goods, or if the consignee is unable to take delivery of the goods or abandons the goods due to reasons related to the goods themselves (such as misdeclaration or reasons, that do not comply with the regulations of the importing country and are subject to inspection, examination or handling by customs or other relevant authorities), the Merchant shall promptly provide a solution (such as abandonment, resale,
return of shipment, apply to the shipping line to sell the goods within the container to avoid losses etc.) and bear all costs including the freight to be paid, container demurrage and/or detention fees, unpacking fees, storage fees, terminal storage fees, inspection and examination fees, handling fees for the goods or containers, and return of freight (such costs shall be based on the rates and/or amounts announced or claimed by the relevant third parties). Whether the consignee at the destination port clears customs, exchanges the bill of lading or makes other claims for taking delivery of the goods or whether the shipment can be returned does not affect Carrier's right to claim the above-mentioned expenses from Merchant. To the extent that any sums remain after abandonment and sale of the cargo, such sums shall be returned to the pertinent Merchant.
8.5 Carrier has the right to sell, auction or dispose of the goods and use the proceeds to offset the losses of Carrier (including all the aforementioned costs). To the extent that Carrier is seeking relief for amounts owed by the consignor(s) and/or consignee(s) domiciled in the USA or other countries, Carrier shall follow any assertion of lien laws or regulations of the State’s Uniform Commercial Code in the United States or the relevant laws of other countries where the goods are located. If the goods cannot be sold, auctioned or disposed of, or if the proceeds collected from the consignor(s) and/or
consignee(s) are insufficient to cover the losses, after providing notice of such liens to such parties, the booking party and the shipper at Port of Loading shall jointly and severally bear the shortfall and guarantee to pay the amount within 5 days after receiving the invoice from Carrier. If there is any objection/disagreement to the notice, it must be raised within 5 days after receipt; otherwise, it will be deemed that Merchant accepts the items and amounts listed in the invoice. Carrier will arrange for the delivery of relevant documents and goods after receiving all the receivables. Any additional losses (such as all the aforementioned costs) incurred during the period when Merchant fails to make payment shall be borne by Merchant as noted herein.
9.1. Charges for the Services shall be deemed fully earned and non-returnable upon receipt of the goods by the Carrier. The Merchant shall pay to the Carrier all sums immediately when due without deduction on account of any claim, counterclaim or set-off. Except under other special arrangement agreed by the Carrier in writing, payment to the Carrier is due as soon as an invoice is rendered to the Merchant. For any amount unpaid within 30 days from the due date, the Carrier shall be entitled to interest from the date of the invoice until payment at 2% per month.
9.2. If the shipment is on the freight collect basis but the consignee does not take delivery of the goods within 14 days from the date of the goods’ arrival at the port of discharge or place of delivery, the shipper shall be responsible for payment of all the outstanding freight charges, and costs and expenses (including but not limited to storage costs and demurrage charges) incurred until the goods are duly delivered or are sold or disposed of as per Clause 8.
10.1. The Carrier shall be entitled to sub-contract on any terms to any agents and/or sub-contractors the whole or any part of the Services whatsoever undertaken by the Carrier.
10.2. The Carrier reserves to itself absolute discretion as to the means, the manner, the routes and the procedures to be followed in the performance of the Services including the carriage, the transhipment, the storage and the other handling of the goods. The Carrier has liberty to use any means, routes and procedures, including using any vessel whether or not named on the front page of this Bill of Lading and stowing the goods on or under deck. Anything done in accordance with the aforesaid discretion and/or liberty shall not be a deviation of whatsoever nature or degree.
11. If there is any loss, damage, deterioration, delay, non-compliance or miscompliance of instructions, non-delivery, misdelivery (other than the one described in Clause 12), unauthorised delivery or misdirection of or to or in connection with the goods that arises from the negligence or mistake of the Carrier or that arises from the negligence, mistake, wilful default or deliberate wrongdoing of the Carrier’s employee, agent or sub-contractor, the Carrier shall be liable for any claim relating to the aforesaid incident. However, the Carrier’s aforesaid liability shall not exceed a sum calculated at the rate of 2 SDR per kilogram of the gross weight of that part of the goods in respect of which a claim arises.
12. If there is any misdelivery of goods without presentation of this Bill of Lading negligently or deliberately done by the Carrier’s employee, agent or sub-contractor that has no prior approval of the Carrier, the Carrier shall be liable for any claim relating to the aforesaid misdelivery of goods. However, the Carrier’s aforesaid liability shall not exceed a sum calculated at the rate of 2 SDR per kilogram of the gross weight of that part of the goods misdelivered.
13. Notwithstanding any other terms to the contrary in this Bill of Lading but subject to Clauses 2.3 and 2.4, the Carrier shall not be liable for any claim relating to:
a. any delay, goods shut out or off loaded, goods’ departure or arrival time; or
b. any special, incidental, indirect, consequential or economic loss (including loss of market, loss of profit, loss of tax,
loss of tax return, loss of revenue, loss of business or loss of goodwill); or
c. any loss, damage, expense or cost arising from or in connection with fire, flood, storm, typhoon, explosion,
deviation, port congestion, strike, lock out, stoppage or restraint of labour; or
d. any loss of or damage to the goods which are stated on the front page of this Bill of Lading to be carried on deck and which are so carried
regardless of whether or not the aforesaid incident arises from the negligence or mistake of the Carrier or from the negligence, mistake, wilful default or deliberate wrongdoing of the Carrier’s employee, agent or sub-contractor. However, if the Carrier is still legally held liable for the aforesaid claim despite the aforesaid provision, the Carrier’s liability shall not exceed a sum calculated at the rate of 2 SDR per kilogram of the gross weight of that part of the goods in respect of which the claim arises.
14. If there is any claim that the Carrier is legally held liable and there are no other terms in this Bill of Lading suited to that claim for limiting the Carrier’s liability, the Carrier’s aforesaid liability shall not exceed a sum calculated at the rate of 2 SDR per kilogram of the gross weight of that part of the goods in respect of which the claim arises.
15. The liability accepted by the Carrier under Clauses 11, 12, 13 and 14 shall be subject to a further limit of200,000 SDR per event i.e. the Carrier’s aforesaid liability accepted under Clauses 11, 12, 13 and 14 shall not in any circumstances whatsoever exceed 200,000 SDR per event or events arising from a common cause.
16. The Carrier may accept liability in excess of the limits set out in Clauses 2.3, 2.4, 11, 12, 13, 14 and 15 provided that (i) the value of the goods is declared in writing by the shipper and accepted by the Carrier in writing and (ii) the Merchant pays to the Carrier the additional charges as decided by the Carrier. Details of the additional charges will be provided upon written request by the shipper. The declared value accepted shall be the Carrier’s limit of liability and shall replace the limits in Clauses 2.3, 2.4, 11, 12, 13, 14 and 15.
17. Any Services provided by the Carrier gratuitously are provided on the basis that the Carrier will not accept any liability whatsoever and howsoever arising.
18. Any superficial rust, oxidation, discoloration, 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 by the Carrier in apparent good order and condition is not a representation that such rust, oxidation, discoloration, or the like condition due to moisture did not exist on receipt.
19. If the Services are or are likely to be affected by any risk, delay, hindrance, difficulty and/or disadvantage of any kind whatsoever, whensoever and howsoever arising (including port congestion, strike, lock out, stoppage, restraint of labour, and the Merchant’s failure to pay the Services charges that are outstanding for 2 months or more), the Carrier may terminate and/or abandon the Services and place the goods at any place for the Merchant to take delivery of the goods, whereupon the Carrier’s liability and responsibility in respect of the goods shall cease. If the Merchant does not take delivery of the goods within 14 days after notice has been dispatched to the Merchant’s address, e-mail address or fax number last known to the Carrier, the Carrier is entitled (but not obliged) to sell the goods by public auction or private treaty or to dispose of the goods at the Carrier’s sole discretion at the expense ofthe Merchant. In case the Merchant does not receive the notice dispatched by the Carrier asking the Merchant to take delivery of the goods, such shall not
affect the Carrier’s aforesaid right to sell or dispose of the goods. The Merchant is responsible for payment of all the outstanding Services charges, and costs and expenses (including storage costs) incurred until the goods are taken delivery, disposed of or sold.
20. Any claim notice against the Carrier must be in writing and delivered to the Carrier within 14 days from the date of delivery of the goods or the date the goods should have been delivered or the date the Merchant first knows about the event that may give rise to the claim, whichever is the earliest. If the Merchant fails to deliver the aforesaid written claim notice to the Carrier and thereby prejudices the Carrier’s position in the claim, the Carrier shall in any event be discharged of all liability whatsoever and howsoever arising in respect of the claim.
21. The Carrier shall in any event be discharged of all liability whatsoever and howsoever arising in respect of the Services, unless suit is brought against the Carrier in the courts of the Southern District of New York within nine months from the date of delivery of the goods or the date the goods should have been delivered or the date of the event giving rise to the claim, whichever is the earliest.
22. The defences, exemptions and limitations of liability provided for in this Bill of Lading shall apply in any action against the Carrier whether such action is founded in contract or in tort. Moreover, the Carrier shall not be liable for any claims of whatsoever nature except those claims for which the Carrier has specified its accepting liability under Clauses 2.3, 2.4, 11, 12, 13, 14, 15 and 16.
23. The Contract evidenced by or contained in this Bill of Lading shall be governed by and construed in accordance with as may be compulsorily applicable under the local law of the place of loading or that of discharge. Otherwise, any dispute arising hereunder shall be determined in the Courts of the Southern District of New York to which jurisdiction both theMerchant and the Carrier agree to submit. Notwithstanding any provision to the contrary herein, for shipments to or from the United States, Carrier reserves the right, and Merchant agrees that any suits against the Merchant by Carrier may be brought at the sole discretion of Carrier, in the federal Courts of the Southern District of New York and this Bill of Lading shall be Construed according to the federal laws of the United States.
B/L terms can be accessed on carrier's website: www.hlsholding.com
STANDARD CONDITIONS GOVERNING MULTIMODAL
TRANSPORT DOCUMENTS ISSUED IN ACCORDANCE WITH
MULTIMODAL TRANSPORTATION OF GOODS ACT, 1993
1) Definitions:-
(a) “Carrier” means a person who is engaged in the business of transporting, for hire, goods by road, rail, inland waterways or sea;
(b) “Consignee” means the person named as consignee in the multimodal transport contract;
(c) “Consignment” means the goods entrusted to a multimodal transport operator for Multimodal transportation;
(d) “Consignor“ means the person, named in the multimodal transport contract as consignor, by whom or on whose behalf, the goods covered by such contract are entrusted to a multimodal transport operator for multimodal transportation;
(e) “Delivery” means -
(i) In the case of a negotiable multimodal transport document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any other person entitled to receive it;
(ii) In the case of a non-negotiable multimodal transport document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any person authorized by the consignee to accept delivery of the consignment on his behalf;
(f) “Endorsement” means the signing by the consignee, or the endorsee after adding a direction on a negotiable multimodal transport document, to pass the property in the goods mentioned in such document to a specified person;
(g) “Goods” includes-
(i) containers, pallets or similar articles of transport used to consolidate goods; and
(ii) animals;
(h) “Mode of transport” means carriage of goods by road, rail, inland waterways or sea;
(i) ‘Multimodal transportation” means carriage of goods, by two or more modes of transport, from the place of acceptance of the goods in India to a place of delivery of the goods outside India;
(j) “Multimodal transport contract” means a contract entered into by the consignor and the multimodal transport operator for multimodal transportation;
(k) “Multimodal transport operator” means any person who -
(i) concludes a multimodal transport contract on his own behalf or through another person acting on his behalf;
(ii) acts as principal and not as an agent, either of the consignor or of the carrier participating in the multimodal transportation, and who assumes responsibility for the performance of the said contract; and
(iii) is registered under sub-section (3) of section 4 of the Act.
(l) ”Negotiable multimodal transport document” means a multimodal transport document which is-
(i) Made out to order or to bearer; or
(ii) Made out to order and is transferable by endorsement; or
(iii) Made out to bearer and is transferable without endorsement.
(m) “Non-negotiable multimodal transport document” means a multimodal transport document, which indicates only one named consignee;
2) Applicability :-
The provision set out and referred to in this multimodal transport document shall apply, if the transport as described on the face of the document is by two or more modes of transport from the place of acceptance of the goods in India to a place of delivery of the goods outside India.
3) Effect of issuance of Multimodal Transport Document :-
(1) The issuance of the Multimodal Transport Document confers and imposes, on all parties having or acquiring hereafter an interest, the rights/ obligations and defences set out in the conditions mentioned in this document.
(2) By the issuance of the Multimodal Transport Document the Multimodal Transport Operator -
(a) Undertakes to perform, and/or in his own name to procure performance of, the Multimodal transport including all services which are necessary to such transport, from the time of taking the goods in charge to the time of delivery, and accepts responsibility for such transport and such services to the extent set out in these conditions;
(b) accepts responsibility for the acts and omissions of his agents or servants, when such agents or servants are acting within the scope of their employment, as if such acts and omissions were own;
(c) accepts responsibility for the acts and omissions of any other person, whose services he uses, for the performance of the contract evidenced by this Multimodal Transport Document;
(d) undertakes to perform, or to procure performance of, all acts necessary to ensure delivery;
(e) assumes liability, to the extent set out in these conditions, of loss of or damage to the goods, occurring between the time of taking them into his charge and the time of delivery, and undertakes to pay compensation as set out in these conditions in respect of such loss or damage;
(f) assumes liability, to the extent set out in these conditions, for delay in delivery of the goods and undertakes to pay compensation as set out in these conditions.
4) Negotiability and Titles to the Goods :-
By accepting the Multimodal Transportation Document, the consignor and his transferees agree with the Multimodal Transport Operator that, unless it is marked “non-negotiable”, it shall constitute title to the goods and the holder, by endorsement of this Multimodal Transport Document, shall be entitled to receive or to transfer the goods mentioned in this Multimodal Transport Document.
5) Reservations :-
If the Multimodal Transport Document contains particulars concerning the general nature, leading marks, number of packages or pieces, weight or quantity of the goods which, the Multimodal Transport Operator or a person acting on his behalf knows, or has reasonable grounds to suspect, do not accurately represent the goods actually taken in charge, or if he has no reasonable means of checking such particulars, the Multimodal Transport Operator or a person acting on his behalf shall insert in the Multimodal Transport Document a reservation specifying these inaccuracies, grounds of suspicion or the absence of reasonable means of checking. If the Multimodal Transport Operator or a person acting on his behalf fails to note on the Multimodal Transport Document the apparent condition of the goods, he is deemed to have noted on the Multimodal Transport Document that the goods were in apparent good condition.
6) Evidentiary effect of the Multimodal Transport Document :-
(1) The Multimodal Transport Document shall be, prima facie, evidence of the taking in charge, by the Multimodal Transport Operator, of the goods as described therein; and
(2) Proof to the contrary by the Multimodal Transport Operator shall not be admissible if the Multimodal Transport Document is issued in negotiable form and has been transferred to third party, including a consignee, who has acted in good faith in reliance on the description of goods therein.
7. Guarantee by the consignor :-
(1) The consignor shall be deemed to have guaranteed, to the Multimodal Transport Operator, the accuracy at the time the goods were taken in charge by the Multimodal Transport Operator, of particulars relating to the general nature of the goods, their marks, number, weight and quantity and, if applicable, to the dangerous character of the goods, as furnished by him for insertion in the Multimodal Transport Document.
(2) The consignor shall indemnify, the Multimodal Transport Operator, against loss resulting from inaccuracies or inadequacies of the particulars. The consignor shall remain liable even if the Multimodal Transport Document has been transferred by him. The right of the Multimodal Transport operator to such indemnity shall in no way limit his liability under the Multimodal Transport Contract to any person other than the consignor.
8. Dangerous Goods :-
(1) The consignor shall make or label dangerous goods in a suitable manner as “dangerous goods”
(2) Where the consignor hands over dangerous goods to the Multimodal Transport operator or any person acting on his behalf, the consignor shall inform him of the dangerous character of the goods and, if necessary, the precautions to be taken. If the consignor fails to do so and the Multimodal Transport Operator does not otherwise have knowledge of their dangerous character then:
(a) The consignor shall be liable, to the Multimodal Transport Operator, for all loss resulting from the shipment of such goods; and
(b) The goods may at any time be unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment of compensation.
(3) The above provisions may not be invoked by any person if during the Multimodal Transport he has taken the goods in his charge with knowledge of their dangerous character.
(4) If, in cases where the provisions (2)(b) referred to above do not apply or may not be invoked, dangerous goods become an actual danger to life or property they may be unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment of compensation, except where there is an obligation to contribute in general average or where the Multimodal Transport Operator is liable, in accordance with the provisions of relevant conditions.
9) Period of responsibility :-
(1) The responsibility of the Multimodal Transport Operator for the goods covers the period from the time he takes the goods in his charge to the time of their delivery. For the purpose of this responsibility, the Multimodal Transport Operator is deemed to be in charge of the goods -
(a) from the time he has taken over the goods from:
(i) the consignor or a person acting on his behalf; or
(ii) an authority or other third party to whom, pursuant to law or regulations applicable at the place of taking charge, the goods must be handed over for transport;
(b) until the time he has delivered the goods:
(i) by handing them over to the consignee; or
(ii) by placing them at the disposal of the consignee, in accordance with the Multimodal Transport Contract or with the law or with the usage of the particular trade applicable at the place of delivery; or
(iii) by handing over the goods to an authority or other third party to whom, pursuant to law or regulations applicable at the place of delivery, the goods must be handed over.
(2) Reference to the Multimodal Transport Operator in this regard shall include his servants or agents or any other person of whose services he makes use for performance of the Multimodal Transport Contract, and reference to the consignor or consignee shall include their servants or agents.
10. Basis of Liability :-
(1) The Multimodal Transport Operator shall be liable, for loss resulting from loss of or damage to the goods, delay in delivery and any consequential loss or damage arising from such delay, if the occurrence which caused such loss, damage or delay in delivery, took place while the goods were in his charge, unless the Multimodal Transport Operator proves that he, his servants or agents, or any other person whose services he uses for the performance of the contract evidenced by this Multimodal Transport Document, took all measures that could reasonably be required to avoid the occurrence and its consequences.
(2) Where fault or neglect on the part of Multimodal Transport Operator, his servants or agents, or any other person whose services he uses for the performance of the contract evidenced by this Multimodal Transport Document, combines with another cause to produce loss or damage or delay in delivery, the Multimodal Transport Operator shall be liable only to the extent that the loss, damage or delay in delivery which is attributable to such fault or neglect, provided that the Multimodal Transport Operator proves the part of the loss, damage or delay in delivery not attributable there to.
(3) Delay in delivery occurs when the goods have not been delivered within the time expressly agreed upon or in the absence of such agreement, within reasonable time required by a diligent Multimodal Transport Operator, having regard to the circumstances of the case to effect the delivery of goods.
(4) If the goods have not been delivered within ninety consecutive days following the date of delivery expressly agreed upon, the claimant may treat the goods as lost.
11. Liability for loss or damage when the stage of Transport where the loss or damage occurred is not known :-
(1) When the Multimodal Transport Operator is liable to pay compensation in respect of loss of or damage to the goods, occurring between the time of taking them into his charge and the time of delivery, and the stage of Transport where the loss or damage occurred is not known:
(a) Such compensation shall be calculated by reference to the value of such goods at the place and time they are delivered to the consignee or at the place and time when, in accordance with the contract of the Multimodal Transport, they should have been so delivered.
(b) The value of goods shall be determined according to the current commodity exchange price or, if there is not such price, according to the current market price, or if there is no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality;
However, the Multimodal Transport Operator shall not, in any case, be liable for an amount greater than the actual loss to the person entitled to make the claim.
(2) Where a multimodal transport operator becomes liable for any loss of, or damage to, any consignment, the nature and value whereof have not been declared by the consignor before such consignment has been taken in charge by the multimodal transport operator and the stage of transport at which such loss or damage occurred is not known, then the liability of the multimodal transport operator to pay compensation shall not exceed two Special Drawing Rights per kilogram of the gross weight of the consignment lost or damaged or 666.67 Special Drawing Rights per package or unit lost or damaged, whichever is higher.
(3) Notwithstanding anything contained above if the multimodal transportation does not, according to the multimodal transport contract, include carriage of goods by sea or by inland waterways, the liability of the multimodal transport operator shall be limited to an amount not exceeding 8.33 Special Drawing Rights per kilogram of the gross weight of the goods lost or damaged.
12. Liability of loss or damage, when the stage of the transport where the loss or damage occurred is known :-
(1) When the multimodal transport operator is liable to pay compensation in respect of loss or damage to the goods, occurring between the time of taking them into his charge and the time of delivery, and the stage of the transport where such loss or damage occurred is known, the liability of the Multimodal Transport Operator in respect of such loss or damage shall be determined by the applicable Indian Law if the loss or damage occurs in India, or by the provisions of the applicable law of the country where the loss or damage occurred, as the case may be.
Provisions of the Indian Law or the applicable law outside India:
(a) cannot be departed from by private contract to the detriment of the claimant, and
(b) would have applied if the claimant had made a separate and direct contract with the Multimodal Transport Operator in respect of the particular stage of transport where the loss or damage occurred.
(2) Without prejudice to the provisions contained in Para 3 (2) (b) and (c) mentioned in this document when, under the provision of condition (1) mentioned above, the liability of the Multimodal Transport Operator shall be determined by the provisions of the Law referred to in condition (1) above, the liability shall be determined as though the Multimodal Transport Operator was a carrier referred to in such law. However, the Multimodal Transport Operator shall not be exonerated from liability, where the loss or damage is caused or contributed to by the acts or omissions of the Multimodal Transport Operator in his capacity as such, or his servants or agents when acting in such capacity and not in the performance of the carriage.
13. Defence and limits for the Multimodal Transport Operator and his servants :-
(1) The defences and limits of liability provided for in this Multimodal Transport Document shall apply, in action against the Multimodal Transport Operator, in respect of loss resulting from loss of or damage to goods; delay in delivery and any consequential loss or damage arising from such delay.
(2) If any action in respect of loss resulting from loss of, or damage to, the goods or from delay in delivery is brought against the servant or agent of the Multimodal Transport Operator, if such servant or agent proves that he acted within the scope of his employment, or against any other person of whose service he makes use for the performance of the Multimodal Transport Contract, if such other person proves that he acted within the performance of the contract, the servant or agent or such other person shall be entitled to avail himself of the defences and limits of liability which the Multimodal Transport Operator is entitled to invoke under this Multimodal Transport Document.
(3) Except as provided for liability for delay, as mentioned below, the aggregate of the amounts receivable, from the Multimodal Transport Operator and from a servant or agent or any other person of whose services he make use of, for the performance of the Multimodal Transport Contract, shall not exceed the limits of liability provided for in this Multimodal Transport Document.
14. Liability or delay :-
The liability of the Multimodal Transport Operator, for loss resulting from delay in delivery as per condition 10 above, shall be limited to an amount equivalent to the freight payable for the goods delayed, but not exceeding the total freight payable under the Multimodal Transport Contract.
15. Loss of the right to limit liability :-
(1) The limits of liability established in conditions 11, 12 and 14 above, shall not apply if it is proved that the loss, damage or delay in delivery resulted from an act or omission of the Multimodal Transport Operator (or his servants or agents or any other person of whose services he makes use for the performance of Multimodal Transport Contract), done, with the intent to cause such loss, damage or delay in delivery, or recklessly and with knowledge that such loss,
(2) Notwithstanding the provisions 13(2) above, if it is proved that the loss, damage or delay in delivery, resulted from an act or omission of a servant or agent (or any person of whose services the Multimodal Transport Operator makes use, for the performance of the Multimodal Transport Contract), done, with the intent to cause loss, damage or delay in delivery, or recklessly and with knowledge that such loss, damage or delay in delivery would probably result, the servant or agent shall not be entitled to the benefit of limitation of liability provided for in these conditions
16. Delivery / non-delivery :-
(1) If the goods are not taken delivery of by the consignee within a reasonable time, after the Multimodal Transport Operator has called upon him to take delivery, the Multimodal Transport Operator shall be at liberty to put the goods in safe custody on behalf of the consignee at the consignee’s risk and expense, or to place the goods at the disposal of the consignee in accordance with the Multimodal Transport Contract or with the law, or with the usage of the particular trade applicable at the place of delivery.
(2) The Multimodal Transport Operator shall be discharged from his obligation to deliver the goods if, where a negotiable Multimodal Transport Document has been issued, in a set of more than one original, he, or a person acting on his behalf, has in good faith delivered the goods against surrender of one of such originals.
17. Notice of loss, damage or delay :-
(1) Unless notice of loss or damage, specifying the general nature of such loss or damage is given in writing by the consignee to the Multimodal Transport Operator at the time of taking over the goods, such handing over is prima facie evidence of the delivery by Multimodal Transport Operator of the goods as described in the Multimodal Transport Document.
(2) Where the loss of or damage is not apparent, the provisions of condition (1) referred to above apply correspondingly, if notice in writing is not given within six consecutive days after the day when the goods were handed over to the consignee.
(3) If the state of the goods at the time they were handed over to the consignee, has been the subject of a joint survey or inspection by the parties or their representatives at the place of delivery, notice in writing need not be given, of loss or damage ascertained during such survey or inspection.
(4) In the case of any actual or apprehended loss or damage, the Multimodal Transport Operator and the consignee shall give all reasonable facilities to each other for inspecting and tallying the goods.
(5) If any of the notice periods provided for in condition (2) and (4) referred to above, terminates on a public holiday at the place of delivery, such periods shall be extended upto the next working day.
(6) Notice given to a person acting on behalf of the Multimodal Transport Operator including any person of whose services he makes use at the place of delivery, shall be deemed to have given to the Multimodal Transport Operator.
18. Freight and charges :-
(1) Freight shall be deemed earned, on receipt of goods by Multimodal Transport Operator and shall be paid for, in any event.
(2) For the purpose of verifying the freight basis, the Multimodal Transport Operator reserves the right, to have the contents of the containers, trailers or similar articles of transport inspected, in order to ascertain the weight, measurement, value or nature of the goods.
(3) All dues, taxes and the charges levied on the goods and other expenses in connection therewith, shall be paid by the consignor or the consignee or the holder of MTD or the owner of the goods.
19. Containers etc. :-
(1) Goods may be stowed by the Multimodal Transport Operator by means of containers, trailers, transportable tanks, flats, pallets or similar articles of transport used to consolidate goods and these articles of transport may be stowed under or on deck.
(2) If a container has not been filled, packed or stowed by the Multimodal Transport Operator, the Multimodal Transport Operator shall not be liable for any loss of, or damage to, its contents and the consignor shall cover any loss of expense incurred by the Multimodal Transport Operator, if such loss, damage or expense has been caused by;
(a) negligent filling, packing or stowing of the containers; or
(b) the contents being unsuitable for carriage in container; or
(c) the unsuitability or defective condition of the container, unless the container has been supplied by the Multimodal Transport Operator and the unsuitable or defective condition would not have been apparent upon reasonable inspection at, or prior to, the time when the container was filled, packed and stowed.
The provisions of this condition also apply with respect to trailers, transportable tanks, flats and pallets, which have not been filled, packed or stowed by the Multimodal Transport Operator.
(3) The Multimodal Transport Operator does not accept liability for the functioning of reefer equipment or trailers supplied by the consignor.
(4) If, by order of the authorities of any place, the goods have to be unpacked from their containers to be inspected, the Multimodal Transport Operator shall not be liable for the loss or damage incurred during unpacking, inspection or re-packing. The Multimodal Transport Operator shall be entitled to recover the cost of unpacking, inspection and repacking from the consignor / consignee.
20. Hindrances etc. affecting performance :
The Multimodal Transport Operator shall use reasonable endeavors to complete the transport and to deliver the goods at the place designed
21. Lien :-
The Multimodal Transport Operator shall have a lien on the goods, for any amount due, under this Multimodal Transport Contract and for the costs of recovering the same, and may enforce such lien in any reasonable manner.
22. Limitation of action :-
Any action relating to Multimodal Transport under these conditions, shall be time barred if judicial proceedings have not been instituted within a period of nine months after:
(1) the date of delivery of the goods, or
(2) the date when the goods should have been delivered, or
(3) the date, on and from which, the party entitled to receive has the right to treat the goods as lost.
23. Jurisdiction :-
In judicial proceedings relating to the contract for Multimodal Transport Document under these conditions, the plaintiff, at his option, may institute an action in court, which, according to the law of the country where the court is situated, is competent, and within the jurisdiction of which is situated one of the following places:
(a) the principal place of business or, in the absence thereof, the habitual residence of the defendant; or
(b) the place where the Multimodal Transport Contract was made, provided that the defendant has there a place of business, branch or agency at such place; or
(c) the place of taking charge of the goods for Multimodal Transportation or the place of delivery thereof; or
(d) any other place specified for that purpose in the Multimodal Transport Contract and evidenced in the Multimodal Transport Document.
24. General Average :-
The consignor or consignee, the holder of the Multimodal Transport Document, the receiver and the owner of the goods, shall indemnify Multimodal Transport Operator in respect of any claims of the general average nature, which may be made on him and shall provide such security as may be required by the Multimodal Transport Operator in this connection.
25. Arbitration :-
Suitable provisions may be incorporated, by the parties to the Multimodal Transport Contract.
1. In this Bill of Lading, the following words have the following meanings:
"Carrier" means HONOUR LANE SHIPPING LTD."COGSA" means the Carriage of Goods by Sea Act of the United States of America approved on 16 April 1936. "Merchant" means the shipper, the consignee, and the lawful holder of this Bill of Lading.
"goods" includes goods, cargoes, wares, merchandise, and articles of every kind whatsoever (including articles of transport not supplied by or on behalf of the Carrier).
"Dangerous Goods" means the goods which are of dangerous, explosive, inflammable, radioactive and/or damaging nature.
"Hague Rules" means the International Convention for the Unification of certain Rules of Law relating to Bills of Lading signed at Brussels on 25 August 1924.
"Hague-Visby Rules" means the Hague Rules as amended by the Protocol signed at Brussels on 23 February 1968.
"Services" means any services of the Carrier provided for the Merchant e.g. carriage of goods by sea, inland waterway, land, road, rail and/or air; and/or storage, labelling, loading, unloading, packing, unpacking, consolidation, de-consolidation, collection, delivery and/or other handling of goods.
"SDR" means Special Drawing Rights as defined by the International Monetary Fund.
2.1. If at any time one or more of the terms of this Bill of Lading becomes invalid or illegal, the validity or legality of the remaining terms of this Bill of Lading shall not in any way be affected.
2.2. The Carrier shall be entitled to all the rights, immunities, exceptions and limitations conferred on the carrier orthe owner of the vessel by any applicable law or legislation.
2.3. Notwithstanding any other terms to the contrary in this Bill of Lading, in the event that the owner and/or the charterer of the vessel are held by any court worldwide to be entitled to limit their liability (for any loss of and/or damage to the goods) to an amount based on any international tonnage limitation conventions or the similar national tonnage limitation laws, the Carrier’s liability for the loss of and/or damage to the goods shall be limited to the same amount as aforesaid. The international tonnage limitation conventions include the Convention on Limitation of Liability for Maritime Claims 1976, and its 1996 Protocol. The similar national tonnage limitation laws include the Maritime Code of the People’s Republic of China.
2.4. Carriage of goods by sea or inland waterway covers the period from the time when the goods are loaded on to the time they are discharged from the vessel. The loading takes place either when the goods pass the vessel’s rail and are on board the vessel or when the vessel’s tackle is attached to the goods for taking them on board. The discharge ends either when the goods pass the vessel’s rail and are off the vessel or when the vessel’s tackle is removed from the goods deposited quayside. As far as carriage of goods by sea or inland waterway is concerned, the Carrier’s liability shall be determined by the Hague Rules or any legislation (such as COGSA) making such Rules or the Hague-Visby Rules compulsorily applicable to this Bill of Lading, and the Hague Rules or the Hague-Visby Rules shall prevail in so far as they are inconsistent with any other terms of this Bill of Lading except Clause 2.3. The limitation amount in Article IV (5) of the Hague Rules is deemed to be the nominal value of 100 pounds sterling. Article IX of the Hague Rules is deemed to be deleted. The limitation amount according to COGSA is US$500 per package or customary freight unit, unless the nature and value of the goods have been declared by theshipper before shipment and inserted in this Bill of Lading.
2.5. Regarding the responsibility and liability of the Carrier for loss of or damage to, or in connection with, the custody and care and handling of the goods prior to the loading on the vessel and subsequent to the discharge from the vessel, such shall be determined by the terms of this Bill of Lading but not by the Hague Rules nor the Hague-Visby Rules.
2.6. The Services are subject to the terms of this Bill of Lading.
2.7. In this Bill of Lading, words importing the singular include the plural and vice versa; words importing a gender include every gender.
2.8. Wherever it is provided in this Bill of Lading that notice shall be dispatched by the Carrier to the Merchant, such notice shall be deemed as having been dispatched if (i) the Carrier does not know the address, e-mail address or fax number of the Merchant or (ii) the notice cannot reach the Merchant through its address, e-mail address or fax number last known to the Carrier.
2.9. The Merchant’s liability under this Bill of Lading shall be joint and several.
3.1. This Bill of Lading, if consigned to order, is negotiable and constitutes title to the goods. The holder, by endorsement of this Bill of Lading, is entitled to receive or transfer the goods.
3.2. This Bill of Lading, if consigned to a named consignee, is not negotiable.
3.3. This Bill of Lading is prima facie evidence of receipt of the goods by the Carrier. However, proof to the contrary is not admissible when this Bill of Lading has been transferred to a third party acting in good faith.
4. The Merchant warrants that:
a. all the goods have been properly and sufficiently packed, labelled and/or marked, and
b. the goods are fit and suitable for the carriage, storage and/or any other handling, and
c. the Merchant shall fully comply with the applicable laws and/or regulations of ports, Customs, and other authorities.
5.1. The Merchant shall indemnify the Carrier against all claims, liability, losses, damage, costs and/or expenses (including loss of and damage to any container and/or vessel) arising from or in connection with (i) the Carrier acting in accordance with the Merchant's instructions, (ii) a breach of warranty and/or obligation on the part of the Merchant, (iii) the inaccurate and/or insufficient information provided by the Merchant, and/or (iv) the mistake, negligence or wilful default of the Merchant, its employee, agent or contractor.
5.2. The Merchant undertakes that no claim shall be made against any employee, agent or sub-contractor of the Carrier if such claim imposes upon them any liability in connection with any Services provided by the Carrier. If any such claim should nevertheless be made, the Merchant shall indemnify the Carrier against all consequences. Every such employee, agent and sub-contractor shall have the benefit of all the terms herein benefiting the Carrier as if such terms were expressly provided for his or its benefit. For these purposes, the Carrier contracts for itself and also as agent and trustee for each such employee, agent and sub-contractor.
5.3. The Merchant shall defend, indemnify and hold harmless the Carrier from and against all claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of the Carrier under the terms of this Bill of Lading, and such indemnity shall include all claims, costs and demands arising from the negligence or mistake of the Carrier and from the mistake, negligence, wilful default or deliberate wrongdoing of the Carrier’semployee, agent or sub-contractor.
5.4. The Merchant shall defend, indemnify and hold harmless the Carrier in respect of any General Average claim and any Salvage claim that may be made against the Carrier, and the Merchant shall provide such security as may be required by the Carrier. General Average shall be adjusted according to the York-Antwerp Rules 1974 or any amendment thereto or the York-Antwerp Rules 1994 or any modification thereof at the option of the Carrier. All goods shall be subject to a lien for General Average and/or Salvage security. If the Merchant fails to provide General Average and/or Salvage security acceptable to the Carrier within 14 days after notice has been dispatched to the Merchant’s address, e-mail address or fax number last known to the Carrier, the goods may be sold by public auction or private treaty or may be disposed of at the sole discretion of the Carrier at the expense of the Merchant, and the proceeds if any (net of the expenses in connection with such sale) shall be applied in satisfaction of General Average and/or Salvage contribution. In case the Merchant does not receive the notice dispatched by the Carrier asking the Merchant to provide General Average and/or Salvage security, such shall not affect the Carrier’s aforesaid right to sell or dispose of the goods. The Merchant is responsible for payment of all costs and expenses (including but not limited to storage costs and demurrage charges) being incurred when the goods are being liened for General Average and/or Salvage security.
5.5. In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequence of which, the Carrier is not responsible, by Statute, contract or otherwise, the goods, Shipper, Consignee or owners of the goods shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of aGeneral Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the goods. If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers. Such deposit as the Carrier, or its agent, may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, Shipper, Consignee or owners of the goods to the Carrier before delivery.
5.6. If the vessel carrying the goods (the carrying vessel) collides with any other vessel (the non-carrying vessel) as a result of the negligence of both the vessels, the Merchant undertakes to defend, indemnify and hold harmless the Carrier against any liability to any other party in so far as such liability relates to any claim whatsoever made against the non-carrying vessel by the Merchant.
6. Except under special arrangements previously made in writing, the Merchant warrants that the goods are not Dangerous Goods, nor are goods of comparable hazard, nor are goods otherwise likely to cause damage. The goods that are likely to cause damage include the goods that are likely to encourage vermin, and the goods that are likely to encourage other pests. Should the Merchant nevertheless deliver any such goods to the Carrier or cause the Carrier to handle any such goods otherwise than under special arrangements previously made in writing, then whether or not the Carrier is aware of the nature of such goods, the Merchant shall be liable for all expenses, losses and/or damage whatsoever caused by or to or in connection with such goods and howsoever arising, and shall indemnify the Carrier against all penalties, claims, damages, costs, expenses and/or liability whatsoever arising from or in connection with such goods, and such goods may be destroyed or otherwise dealt with at the risk and expenses of the Merchant at the sole discretion of and without any liability to the Carrier. If such goods are handled by theCarrier under arrangements previously made in writing, they may nevertheless be destroyed at the risk and expenses of the Merchant at the sole discretion of and without any liability to the Carrier on account of risk to other goods, property, life or health.
7. Except under special arrangements previously made in writing, the Carrier will not deal with bullion, bank notes, coins, cheques, bonds, negotiable documents and securities, precious stones, precious metal objects, jewellery, valuables, antiques, valuable works of art, live animals or live plants. Should the Merchant nevertheless deliver any such goods to the Carrier or cause the Carrier to handle any such goods otherwise than under special arrangements previously made in writing, the Carrier shall be under no liability whatsoever and howsoever arising in connection with such goods and notwithstanding that the value of any such goods may be shown, declared or indicated on any documents accompanying such goods.
8.1. The Carrier is entitled (but not obliged) to sell the goods by public auction or private treaty or to dispose of the goods at the Carrier’s sole discretion if delivery of the goods is not taken by the Merchant within 14 days after notice has been dispatched to the Merchant’s address, e-mail address or fax number last known to the Carrier. In case the Merchant does not receive the notice dispatched by the Carrier asking the Merchant to take delivery of the goods, such shall not affect the Carrier's aforesaid right to sell or dispose of the uncollected goods. The Merchant shall pay all costs and expenses(including storage costs) incurred in connection with the storage and the sale or disposal of the goods.
8.2. All goods and documents relating to such goods shall be subject to (i) particular lien for monies due in respect of such goods, and (ii) general lien for any other monies (not relating to such goods) due from the Merchant to theCarrier. If any such monies due to the Carrier are not paid within 14 days after notice has been dispatched to the Merchant’s address, e-mail address or fax number last known to the Carrier, the goods may be sold by public auction or private treaty or may be disposed of at the sole discretion of the Carrier at the expense of the Merchant, and the proceeds if any (net of the expenses in connection with such sale) shall be applied in satisfaction of such debts, and the Carrier shall not be liable for any reduction in value received on the sale of the goods, nor shall the Merchant be relieved from the liability of any outstanding debts merely because the goods have been sold or disposed of. In case the Merchant does not receive the notice dispatched by the Carrier asking the Merchant to pay the outstanding monies, such shall not affect the Carrier’s aforesaid right to sell or dispose of the goods. The Merchant is responsible for payment of all costs and expenses (including storage costs) being incurred when the goods are being liened.
8.3 If the full container load is not picked up within the free demurrage and/or detention period stipulated by the relevant third party, Carrier has the right to unpack the container and return the empty container to the yard to avoid detention fees and other charges from increasing, and temporarily store the goods (whether in bonded or cleared status) in the warehouse or by other means until they are picked up. All costs arising therefrom shall be borne by Merchant.
8.4 If Merchant fails to deliver the goods within the free storage period of the container, resulting from the consignee's delay, non-arrival, refusal, abandonment or non-pickup of the goods, or if the consignee is unable to take delivery of the goods or abandons the goods due to reasons related to the goods themselves (such as misdeclaration or reasons, that do not comply with the regulations of the importing country and are subject to inspection, examination or handling by customs or other relevant authorities), the Merchant shall promptly provide a solution (such as abandonment, resale, return of shipment, apply to the shipping line to sell the goods within the container to avoid losses etc.) and bear all costs including the freight to be paid, container demurrage and/or detention fees, unpacking fees, storage fees, terminal storage fees, inspection and examination fees, handling fees for the goods or containers, and return of freight (such costs shall be based on the rates and/or amounts announced or claimed by the relevant third parties). Whether the consignee at the destination port clears customs, exchanges the bill of lading or makes other claims for taking delivery of the goods or whether the shipment can be returned does not affect Carrier's right to claim the above-mentioned expenses from Merchant. To the extent that any sums remain after abandonment and sale of the cargo, such sums shall be returned to the pertinent Merchant.
8.5 Carrier has the right to sell, auction or dispose of the goods and use the proceeds to offset the losses of Carrier (including all the aforementioned costs). To the extent that Carrier is seeking relief for amounts owed by the consignor(s) and/or consignee(s) domiciled in the USA or other countries, Carrier shall follow any assertion of lien laws or regulations of the State’s Uniform Commercial Code in the United States or the relevant laws of other countries where the goods are located. If the goods cannot be sold, auctioned or disposed of, or if the proceeds collected from the consignor(s) and/or consignee(s) are insufficient to cover the losses, after providing notice of such liens to such parties, the booking party and the shipper at Port of Loading shall jointly and severally bear the shortfall and guarantee to pay the amount within 5 days after receiving the invoice from Carrier. If there is any objection/disagreement to the notice, it must be raised within 5 days after receipt; otherwise, it will be deemed that Merchant accepts the items and amounts listed in the invoice. Carrier will arrange for the delivery of relevant documents and goods after receiving all the receivables. Any additional losses (such as all the aforementioned costs) incurred during the period when Merchant fails to make payment shall be borne by Merchant as noted herein.
9.1. Charges for the Services shall be deemed fully earned and non-returnable upon receipt of the goods by the Carrier. The Merchant shall pay to the Carrier all sums immediately when due without deduction on account of any claim, counterclaim or set-off. Except under other special arrangement agreed by the Carrier in writing, payment to the Carrier is due as soon as an invoice is rendered to the Merchant. For any amount unpaid within 30 days from the due date, the Carrier shall be entitled to interest from the date of the invoice until payment at 2% per month.
9.2. If the shipment is on the freight collect basis but the consignee does not take delivery of the goods within 14 days from the date of the goods’ arrival at the port of discharge or place of delivery, the shipper shall be responsible for payment of all the outstanding freight charges, and costs and expenses (including but not limited to storage costs and demurrage charges) incurred until the goods are duly delivered or are sold or disposed of as per Clauses 8.2 and/or 8.3.
10.1. The Carrier shall be entitled to sub-contract on any terms to any agents and/or sub-contractors the whole or any part of the Services whatsoever undertaken by the Carrier.
10.2. The Carrier reserves to itself absolute discretion as to the means, the manner, the routes and the procedures to be followed in the performance of the Services including the carriage, the transhipment, the storage and the other handling of the goods. The Carrier has liberty to use any means, routes and procedures, including using any vessel whether or not named on the front page of this Bill of Lading and stowing the goods on or under deck. Anything done in accordance with the aforesaid discretion and/or liberty shall not be a deviation of whatsoever nature or degree.
11. If there is any loss, damage, deterioration, delay, non-compliance or miscompliance of instructions, non-delivery, misdelivery (other than the one described in Clause 12), unauthorised delivery or misdirection of or to or in connection with the goods that arises from the negligence or mistake of the Carrier or that arises from the negligence, mistake, wilful default or deliberate wrongdoing of the Carrier’s employee, agent or sub-contractor, the Carrier shall be liable for any claim relating to the aforesaid incident. However, the Carrier’s aforesaid liability shall not exceed a sum calculated at the rate of 2 SDR per kilogram of the gross weight of that part of the goods in respect of which a claim arises.
12. If there is any misdelivery of goods without presentation of this Bill of Lading negligently or deliberately done by the Carrier’s employee, agent or sub-contractor that has no prior approval of the Carrier, the Carrier shall be liable for any claim relating to the aforesaid misdelivery of goods. However, the Carrier’s aforesaid liability shall not exceed a sum calculated at the rate of 2 SDR per kilogram of the gross weight of that part of the goods misdelivered.
13. Notwithstanding any other terms to the contrary in this Bill of Lading but subject to Clauses 2.3 and 2.4, the Carrier shall not be liable for any claim relating to:
a. any delay, goods shut out or off loaded, goods’ departure or arrival time; or
b. any special, incidental, indirect, consequential or economic loss (including loss of market, loss of profit, loss of tax, loss of tax return, loss of revenue, loss of business or loss of goodwill); or
c. any loss, damage, expense or cost arising from or in connection with fire, flood, storm, typhoon, explosion, deviation, port congestion, strike, lock out, stoppage or restraint of labour; or
d. any loss of or damage to the goods which are stated on the front page of this Bill of Lading to be carried on deck and which are so carried
regardless of whether or not the aforesaid incident arises from the negligence or mistake of the Carrier or from the negligence, mistake, wilful default or deliberate wrongdoing of the Carrier’s employee, agent or sub-contractor. However, if the Carrier is still legally held liable for the aforesaid claim despite the aforesaid provision, the Carrier’s liability shall not exceed a sum calculated at the rate of 2 SDR per kilogram of the gross weight of that part of the goods in respect of which the claim arises.
14. If there is any claim that the Carrier is legally held liable and there are no other terms in this Bill of Lading suited to that claim for limiting the Carrier’s liability, the Carrier’s aforesaid liability shall not exceed a sum calculated at the rate of 2 SDR per kilogram of the gross weight of that part of the goods in respect of which the claim arises.
15. The liability accepted by the Carrier under Clauses 11, 12, 13 and 14 shall be subject to a further limit of200,000 SDR per event i.e. the Carrier’s aforesaid liability accepted under Clauses 11, 12, 13 and 14 shall not in anycircumstances whatsoever exceed 200,000 SDR per event or events arising from a common cause.
16. The Carrier may accept liability in excess of the limits set out in Clauses 2.3, 2.4, 11, 12, 13, 14 and 15 provided that (i) the value of the goods is declared in writing by the shipper and accepted by the Carrier in writing and (ii) the Merchant pays to the Carrier the additional charges as decided by the Carrier. Details of the additional charges will be provided upon written request by the shipper. The declared value accepted shall be the Carrier’s limit of liability and shall replace the limits in Clauses 2.3, 2.4, 11, 12, 13, 14 and 15.
17. Any Services provided by the Carrier gratuitously are provided on the basis that the Carrier will not accept any liability whatsoever and howsoever arising.
18. Any superficial rust, oxidation, discoloration, 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 by the Carrier in apparent good order and condition is not a representation that such rust, oxidation, discoloration, or the like condition due to moisture did not exist on receipt.
19. If the Services are or are likely to be affected by any risk, delay, hindrance, difficulty and/or disadvantage of any kind whatsoever, whensoever and howsoever arising (including port congestion, strike, lock out, stoppage, restraint of labour, and the Merchant’s failure to pay the Services charges that are outstanding for 2 months or more), the Carrier may terminate and/or abandon the Services and place the goods at any place for the Merchant to take delivery of the goods, whereupon the Carrier’s liability and responsibility in respect of the goods shall cease. If the Merchant does not take delivery of the goods within 14 days after notice has been dispatched to the Merchant’s address, e-mail address or fax number last known to the Carrier, the Carrier is entitled (but not obliged) to sell the goods by public auction or private treaty or to dispose of the goods at the Carrier’s sole discretion at the expense ofthe Merchant. In case the Merchant does not receive the notice dispatched by the Carrier asking the Merchant to take delivery of the goods, such shall not affect the Carrier’s aforesaid right to sell or dispose of the goods. The Merchant is responsible for payment of all the outstanding Services charges, and costs and expenses (including storage costs) incurred until the goods are taken delivery, disposed of or sold.
20. Any claim notice against the Carrier must be in writing and delivered to the Carrier within 14 days from the date of delivery of the goods or the date the goods should have been delivered or the date the Merchant first knows about the event that may give rise to the claim, whichever is the earliest. If the Merchant fails to deliver the aforesaid written claim notice to the Carrier and thereby prejudices the Carrier’s position in the claim, the Carrier shall in any event be discharged of all liability whatsoever and howsoever arising in respect of the claim.
21. The Carrier shall in any event be discharged of all liability whatsoever and howsoever arising in respect of the Services, unless suit is brought against the Carrier in the court of the Hong Kong Special Administrative Region within nine months from the date of delivery of the goods or the date the goods should have been delivered or the date of the event giving rise to the claim, whichever is the earliest.
22. The defences, exemptions and limitations of liability provided for in this Bill of Lading shall apply in any action against the Carrier whether such action is founded in contract or in tort. Moreover, the Carrier shall not be liable for any claims of whatsoever nature except those claims for which the Carrier has specified its accepting liability under Clauses 2.3, 2.4, 11, 12, 13, 14, 15 and 16.
23. The contract evidenced by this Bill of Lading is governed by the law of the Hong Kong Special Administrative Region. Any claim or dispute must be determined exclusively by the courts in the Hong Kong Special Administrative Region and no other court.
B/L terms can be accessed on carrier's website: www.hlsholding.com