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10 Chiswell Street
Borchard Lines Limited is registered in England No. 517224
VAT Number: GB 243 4082 84
Terms and Conditions of Carriage
- Borchard Lines Ltd – Standard Bill of Lading Terms and Conditions
- Waybill – Additional Terms and Conditions
- Borchard Lines Limited – Inland Haulage Terms and Conditions
- Borchard Lines Limited – Demurrage
- Borchard Lines Limited – Export Storage
- Carriers Tariff
- Sub-contracting, on servant and agents independent contractors etc.
- Carriers Responsibilities
- Carriers Responsibilities
- The Amount of Compensation
- Notice of Loss, Time Bar
- Defence and Limits for the Carrier
- Methods and Routes of Transportation
- Government directions, War, Epidemics, Ice, Strikes etc.
- Merchants Compliance with Local Laws
- Refrigerated or heated cargo
- Freight etc., Earned, Lien
- Both to Blame Collision Clause
- General Average
- Optional Stowage
- Dangerous Goods
- Notification and Delivery
- Jurisdiction and Law
1. Definitions [top]
In this Bill of Lading,
“Carrier” means Borchard Lines Ltd. incorporated in England.
“Carriage” means the whole and each part of the operations and services undertaken by the Carrier in respect of the Goods covered by this Bill of Lading.
“Vessel” includes any substituted vessel and any vessel in which transhipment may be made in the performance of this contract.
“Merchant” includes, jointly and severally, the shipper, the receiver, the consignee, of the Goods as may appear on the face hereof or otherwise, the Holder of this Bill of Lading, any person owning, or entitled to the possession of, the Goods or of this Bill of Lading (or claiming the same) or having a present or future interest therein whether as security or otherwise and anyone acting, whether as servant, or agent, or otherwise, of or for any such person.
“Holder” means any person (which term shall, herein, include an individual and a corporation) for the time being in possession of this Bill of Lading to whom the property in the Goods has passed on or by reason of the consignment of the Goods or the endorsement of this Bill of Lading or otherwise.
“Goods” means the cargo accepted from the shipper and includes any Container whether loaded or empty, other than any Container owned, leased, or provided, by the Carrier.
“Charges” includes freight and all expenses and money obligations incurred and payable by the Merchant.
“Combined Transport” arises when a place of receipt and/or place of delivery is/are completed on the face hereof.
“Port to Port Shipment” arises when the carriage called for in this Bill of Lading is not Combined Transport.
“Container” includes any container, trailer, transportable tank, flat or pallet or any similar article of transport used to hold, contain, or consolidate Goods.
“Stuffed” includes fitted, consolidated, packed, loaded, or secured.
“Hague Rules” means the provisions of the International Convention for Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25th August, 1924 as amended by the Protocol signed at Brussels on 23rd February, 1968 but only if such amendments are compulsorily applicable to the Bill of Lading.
A. Freight and/or charges shall be deemed to have been earned on shipment, ship and/or goods lost or not lost. Parcels for different consignees collected and made up into a single package addressed to one consignee, shall pay full freight at the rate applicable to the highest rated parcel in the package.
B. Weight, Measures, Dimensions, Brand, Quality, Contents, Specifications and Value unknown. In accepting this Bill of Lading the Merchant expressly accepts and agrees to all its stipulations, exceptions and conditions whether written, printed, stamped or pasted on the front or back hereon.
CONTAINER & VEHICLE DEMURRAGE. Attention is drawn to the Carrier’s Terms and Conditions for Container & Vehicle Demurrage which form part of the tariff and which apply to this Contract, and such tariff may be obtained from the Carrier and/or their agents.
Container demurrage & Pier/Quay Rent to be based on charges published by the terminal Operator and/or Carrier, and are payable by the Consignee. If the latter has not taken delivery of, stripped the container and re-delivered same to Ship’s Agents, the Carrier or his Agent shall be at liberty to break the seal, strip the container, and stow the cargo contents according to the instructions at the Port/Terminal Management at the sole risk and expense of the Merchant.
In the case of shipment of containers destined for Greece or Egypt, the cargo is deemed to be carried on a “free-out” basis.
C. If the goods covered by this Bill of Lading are shipped in accordance with a Charter Party or Booking Note all the terms, conditions and exceptions of such Charter Party or Booking Note are to apply and all terms, conditions and exceptions of this Bill of Lading which are contrary to the Charter Party or Booking Note shall be void.
2. Carriers Tariff [top]
The terms of the Carrier’s applicable Tariff are incorporated herein.
Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or the Agents upon request, or where mandatory, the body, with whom it is filed from time to time. In the case of inconsistency between this Bill of Lading and the applicable Tariff this Bill of Lading shall prevail (except with respect to the actual calculation of freight and other charges, in which case the Tariff shall prevail).
3. Warranty [top]
(i) The Merchant warrants that in agreeing to the terms hereof he is, or has the authority of, the person owning or entitled to the possession of, or has a present or future interest (whether by security or otherwise) in, the Goods and the Bill of Lading.
(ii) The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf may have been checked by the shipper on receipt of this Bill of Lading and that such particulars and any other particulars furnished by or on behalf of the shipper are correct and complete in all material respects and no representation of any nature as to such particulars, in favour of any person, is made, whether directly, or by implication, by the Carrier.
4. Sub-contracting, on servant and agents independent contractors etc. [top]
(i) The Carrier shall be entitled to sub-contract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling, stuffing and unstuffing, and without limitation, any and all other duties whatsoever undertaken by the Carrier in relation to the Goods.
(ii) The Merchant undertakes that no claim or allegation shall be made against any person or vessel whatsoever, other than the Carrier, including, but not limited to, any servant, agent or subcontractor of the Carrier, or any independent contractor, including, but not limited to, stevedores, terminal operators, inland transport operators (whether road, rail, or air) which imposes or attempts to impose upon any of them or any vessel owned by any of them any liability whatsoever in connection with the Goods, and, if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequence thereof. Without prejudice to the foregoing, every such servant, agent and sub-contractor shall have the benefit of all exceptions, limitations, provisions, conditions and liberties herein benefiting the Carrier as if such provisions were expressly made for their benefit; and, in entering into this contract, the Carrier, to the extent of these provisions, does so not only on its own behalf, but also as agent and trustee for such servants, agents and sub-contractors, and independent contractors, and any such vessel. The Carrier shall be entitled to be paid by the Merchant on demand any sum recovered or recoverable by such Merchant from any servant, agent, or sub-contractor of the Carrier, or independent contractor, or any such vessel, for any loss, damage, delay or otherwise.
(iii) The expression “sub-contractor” in this clause shall include direct and indirect sub-contractors and their respective servants and agents.
(iv) The Merchant further undertakes that no claim or allegation howsoever in respect of the Goods shall be made against the Carrier by any person other than in accordance with the terms and conditions of the Bill of Lading which imposes or attempts to impose upon the Carrier any liability whatsoever in connection with the Goods or the Carriage of the Goods, whether or not arising out of negligence on the part of the Carrier and, if any such claim or allegation should nevertheless be made, to defend, indemnify, and hold harmless the Carrier against all consequences thereof.
5. Carriers Responsibilities – Port to Port Shipment [top]
If the Carriage called for by this Bill of Lading is a Port-to-Port Shipment, the liability (if any) of the Carrier for loss of or damage to the Goods occurring from and during loading onto any Vessel up to and during discharge from that Vessel or from another Vessel into which the Goods have been transhipped shall be determined in accordance with the applicable law as determined by the court properly seised of the matter. In the event that the applicable law does not make the Hague Rules, or as the case maybe the Hague Visby Rules (or relevant legislation applying the same), compulsorily applicable to this Bill of Lading, then the Hague Rules shall apply to Port to Port shipment under this Bill of Lading. Notwithstanding the above, the Carrier shall be under no liability whatsoever for loss of or damage to the Goods, howsoever occurring, when such loss or damage arises prior to loading on or subsequent to discharge from the Vessel.
6. Carriers Responsibilities – Combined Transport [top]
If the Carriage called for by this Bill of Lading is Combined Transport, the Carrier undertakes the performance and/or in his own name to procure performance of the Carriage from the Place of Receipt or the Port of Loading, whichever is applicable, to the Port of Discharge or the Place of Delivery, whichever is applicable, and, or save as otherwise provided in this Bill of Lading, the Carrier shall be liable for loss or damage occurring during the Carriage to the extent set out below.
(1) If the stage of the Carriage when loss or damage occurred is not known:
The Carrier shall be relieved of liability for any loss or damage if such loss or damage was caused by:-
(i) an act or omission of the Merchant;
(ii) insufficiency of or defective condition of packing or marking;
(iii) handling, loading, stowage, unloading, or storage, of the Goods by or on behalf of the Merchant.
(iv) inherent vice of the Goods;
(v) strike, lock-out, stoppage or restraint of labour;
(vi) a nuclear incident;
(vii) any cause or event, which the Carrier could not avoid and the consequences whereof he could not prevent by the exercise of reasonable diligence.
(b) Burden of Proof
The burden of proof that the loss or damage was due to one or more of the causes or events specified in this Clause 6 (1) shall rest upon the Carrier, save that when the Carrier establishes that, in the circumstances of the case, the loss or damage could be attributed to one or more of
the causes or events specified in Clause 6 (1) (a) (ii), (iii) or (iv), it shall be presumed that it was so caused. The Merchant shall, however, be entitled to prove that the loss or damage was not, in fact, caused either wholly or partly by one or more of these causes or events.
(c) Limitation of Liability
Except as provided in Clause 7 (iii) total compensation shall in no circumstances whatsoever and howsoever arising exceed £100 sterling per package or unit.
(2) If the stage of the Carriage when the loss or damage occurred is known:
Notwithstanding anything provided for in Clause 6 (1), but subject always to Clauses 5, 20, if it is known during which stage of the Carriage the loss or damage occurred, the liability of the Carrier in respect of such loss or damage shall be determined:
(a) by the provisions contained in any international convention or national law which provisions:-
(i) cannot be departed from by private contract to the detriment of the Merchant; and
(ii) would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the particular stage of the Carriage during which the loss or damage occurred and received as evidence thereof any particular document which must be issued in order to make such international convention or national law applicable; or
(b) if no international convention or national law would apply by virtue of Clause 6 (2) (a), by the Hague Rules if the loss or damage is known to have occurred at sea or on inland waters; or
(c) by the provisions of Clause 6 (1) if the provisions of Clause 6 (2) (a) or (b) do not apply. For the purposes of this Clause 6 (2), references in the Hague Rules to Carriage by sea shall be deemed to include reference to carriage by inland waters and the Hague Rules shall be construed accordingly. If the Hague Rules apply by virtue of Clause 6 (2) (b), the Carriers liability shall be limited as provided in Clause 7 (iii).
(3) If the Place of Receipt or Place of Delivery is not named on the face hereof:
If the Place of Receipt is not named on the face hereof the Carrier shall be under no liability whatsoever for loss of or damage to the Goods, howsoever occurring, if such loss or damage arises prior to loading onto the Vessel. If the Place of Delivery is not named on the face hereof, the Carrier shall be under no liability whatsoever for loss of or damage to the Goods, howsoever occurring, when such loss or damage arises subsequent to discharge from the Vessel.
7. The Amount of Compensation [top]
(i) Subject to Clauses 5,6, and 8, and paragraphs (ii) and (iii) of this Clause, when the Carrier is liable for compensation in respect of loss of or damage to Goods, such compensation shall be calculated by reference to the invoice value of the Goods plus freight Charges and insurance if paid, any partial loss or damage to be calculated on a pro rata basis.
(ii) If there is no invoice value of the Goods, such compensation shall be calculated by reference to the value of such Goods at the place and time they are delivered to the Merchant in accordance with the contract or should have been so delivered. The value of the Goods shall be fixed according to the commodity exchange price or, if there be no such price, according to the current market price or, if there be no commodity exchange price or current market price, by reference to the normal value of Goods of the same kind and quality.
(iii) Unless before shipment the value of such Goods has been declared by the shipper and inserted on the face of this Bill of Lading in the space captioned “Description of Goods” and extra freight is paid on such declared value if required, the liability of the Carrier shall in no event exceed the amount of £100 sterling per package or unit.
(iv) In case value has been declared in accordance with this clause, any partial loss or damage shall be adjusted pro rata on the basis of such declared value.
8. General [top]
(i) The Carrier does not undertake that the Goods shall arrive at the port of discharge or place of delivery at any particular time or to meet any particular market or use. The Carrier shall in no circumstances be liable for any direct, indirect, or consequential loss or damage caused by delay.
(ii) Save as otherwise provided herein, the Carrier shall in no circumstances whatsoever or howsoever be liable for direct or indirect or consequential loss or damage or for loss of profits.
(iii) The terms of this Bill of Lading shall govern the responsibility of the Carrier in connection with or arising out of the supply of a Container to the Merchant whether before or after the Goods are received by the Carrier for transportation or delivery to the Merchant.
9. Notice of Loss, Time Bar [top]
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Carrier or his agents at the port of discharge or the place of delivery as the case may be before or at the time of removal of the Goods into the custody of the Merchant such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as described in this Bill of Lading. If the loss or damage is not apparent, then notice must be given within three days of the delivery. In any event, the Carrier shall be discharged from any liability unless suit is brought and notice thereof given within one year after delivery of the Goods or the date when the Goods should have been delivered.
10. Defence and Limits for the Carrier [top]
(i) The exemptions from liability, defences, liberties, and limits of liability provided for in this Bill of Lading shall apply in any action against the Carrier for delay, loss of or damage to the Goods howsoever occurring whether the action be founded in contract or in tort and even if the loss, damage, or delay arose as a result of unseaworthiness, negligence or fundamental breach or repudiation of contract.
(ii) The defences and limits of liability provided in this Bill of Lading shall apply in any action against the Carrier whether the action, or any other relevant action, be found in contract or tort or any other cause of action in any jurisdiction wheresoever.
(iii) 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 blocks provided shall be deemed the number of packages or shipping units for the purposes 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.
(iv) No interest shall be allowed on any claim against the Carrier up to the time of the rendition of judgment.
11. Methods and Routes of Transportation [top]
(i) The Carrier may at any time and without notice to the Merchant;
(a) use any means of transport or storage whatsoever;
(b) transfer the Goods from one conveyance to another including transhipping or carrying the same on another Vessel than the Vessel named overleaf or on any other means of transport whatsoever and even though transhipment or forwarding of the Goods may not have been contemplated or provided for herein;
(c) sail without pilots via any route, at any speed, proceed to, return to and stay at any port or place whatsoever (including the port of loading herein provided) in any order in or out of the route or in a contrary direction to or beyond the port of discharge once or oftener for bunkering or loading or discharging cargo or embarking or disembarking any person(s) whether in connection with the present, a prior, or a subsequent voyage or, without limitation, any other purpose whatsoever, and before giving delivery of the Goods at the port of discharge or the place of delivery herein provided and with liberties as aforesaid leave and then return to and discharge the Goods at such port, or discharge the Cargo or defer loading Cargo and thereafter proceed to other port(s) and then return to load such Cargo at such time and manner as it thinks fit, tow or to be towed, make trial trips, adjust compasses, or instruments or repair or dry-dock, with or without cargo on board;
(d) unpack and remove the Goods which have been packed into a Container and/or forward the same in Containers or otherwise as the Carrier in its sole discretion may decide:
(e) load and unload the Goods at any port(s) or place(s) (whether or not any such port is named overleaf as the port of unloading or port of discharge) and store the Goods for any period at any such port(s) or place(s).
(ii) Anything done or not done in accordance with sub-clause (i) or any delay arising therefrom shall be deemed to be within the contractual carriage and shall not be a deviation.
12. Government directions, War, Epidemics, Ice, Strikes etc. [top]
(i) The Master, and/or the Carrier, shall have liberty to comply with any orders, directions or recommendations as to loading, departure, routes, ports of call, stoppages, destination, arrival, discharge, delivery or in any other ways whatsoever given by any government or any person or body acting or purporting to act with the authority of such government or by any committee or person having under the terms of the Hull risks insurance on the Vessel the right to give any orders, directions or recommendations.
(ii) If in the opinion of the Master or the Carrier the venture is made unsafe, unlawful or inadvisable by the imminence or existence of war, warlike operations or hostilities, the Goods may be discharged at the port of loading or at any other port considered safe and convenient by the Master or the Carrier.
(iii) If on account of any hindrance, risk, delay, difficulty, or disadvantage of any kind and howsoever arising (even though the circumstances giving rise to each hindrance, delay, difficulty or disadvantage existed at the time this contract was entered into or the Goods were received for carriage) and including, but without limitation, actual or threatening epidemic, quarantine, ice, strike, lockout, labour troubles, interdict, congestion or difficulties in loading or discharge, the Master or the Carrier at any time is in doubt as to whether the Vessel can, safely and without delay, leave the port of loading or reach or enter the port of destination or there discharge in the usual manner or proceed thence on the voyage, the Goods may be discharged at the loading port or any port they or either of them may consider safe and convenient or otherwise dealt with pursuant to the liberties and powers contained in Clause 11.
(iv) In the cases referred to in all the preceding paragraphs under this clause, the Carrier may at any time postpone, suspend or cancel the contract even before the Goods have been received and/or loaded and/or Bill of Lading issued. The discharge of any cargo under the provisions of this clause and/or the conclusion of the venture consequent upon compliance with any orders or directions referred to above, whether the Goods are discharged or not, shall be deemed a fulfilment of the contract.
(v) The Merchant shall be liable for all additional freight and demurrage and all charges and expenses incurred by the Master or Carrier acting as above.
(vi) Consignees to be informed, if possible, but without liability on the part of the Carrier regarding cases referred to in this clause.
13. Merchants Compliance with Local Laws [top]
The Merchant shall be liable for and shall defend, indemnify, and hold harmless, the Carrier and the Vessel against any payment, expenses, fines, dues, duty, tax, impost, loss, damage or detention, sustained or incurred by or levied upon the Carrier or the Vessel in connection with the Goods for any cause whatsoever, including their nature, quality or condition (whether known to the Carrier or Master or not), any action or requirement of any government or governmental authority or person purporting to act under the authority thereof, seizure under legal process or attempted seizure, incorrect or insufficient marking, numbering or addressing of packages or description of the contents, failure of the Merchant to procure consular, Board of Health or other certificates to accompany the Goods or to comply with laws or regulations of any kind imposed with respect to the Goods by the authorities at any port or place or any act or omission of the Merchant. If for any reason whatsoever the Goods are refused importation the Merchant shall be liable for and shall pay return freight and charges thereon.
14. Refrigerated or heated cargo [top]
(i) The Merchant undertakes not to tender for transportation any Goods which require refrigeration or heating without previously giving written notice of their nature and particular temperature range to be maintained and in case of a refrigerated or heated container packed by or on behalf of the Merchant, further warrants and undertakes that the Goods have been properly, and at such correct temperature, stowed in the Container and that its thermostatic controls have at all material times been appropriately set by him before receipt of the Goods by the Carrier. If the above requirements are not complied with, the Carrier shall not be liable for any loss of or damage to the Goods, howsoever arising.
(ii) The Carrier shall not be liable for any loss of or damage to the Goods arising from latent defects, derangement, breakdown, stoppage of the refrigerating or heating machinery, plant, insulation and/or any apparatus of the Container, Vessel, conveyance and any other facilities whatsoever, provided that the Carrier shall before or at the beginning of the transport exercise due diligence to maintain the refrigerating or heating controls at the temperature range noted (if any) on this Bill of Lading.
15. Containers [top]
(i) Goods may be stowed by the Carrier or his Agents or servants in Containers. Containers, whether stowed as aforesaid or received in a stowed condition from the Merchant may be carried on or under deck without notice to the Merchant and, subject always to Clause 20 (ii), if they are so carried the Hague Rules, as incorporated herein shall be applicable notwithstanding carriage on or under deck and the Goods and/or Containers shall contribute in General Average whether carried on or under deck.
(ii) If a Container has not been filled, packed, stuffed or loaded by the Carrier, the Carrier shall not be liable for loss of or damage to the contents and the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier, if such loss, damage, liability or expense has been caused by:-
(a) the manner in which the Container has been filled, packed, stuffed or loaded; or
(b) the unsuitability of the contents for carriage in Containers; or
(c) the unsuitability or defective condition of the Container arising without any want of due diligence on the part of the Carrier to make the Container reasonably fit for the purpose for which it is required; or
(d) the unsuitability or defective condition of the Container which would have been apparent upon reasonable inspection by the Merchant at or prior to the time when the Container was filled, packed, stuffed or loaded; or
(e) packing refrigerated or heated Goods that are not at the correct temperature for carriage hereunder.
(iii) The Carrier shall be entitled, but under no obligation, to open any Container at any time and to inspect the contents. If it thereupon appears that the contents or any part thereof cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or of taking any measures in relation to the Container or its contents or any part thereof, the Carrier may abandon transportation thereof and/or take any measures and/or incur any reasonable additional expense to carry or to continue the Carriage or to store the same ashore or afloat under cover or in the open, at any place, which storage shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any reasonable additional expense so incurred.
(iv) Where the Goods in respect of which Bills of Lading have been issued form part of an LCL shipment which has been consolidated into a Container on behalf of either the Merchant or the Carrier, the Carrier shall have liberty to unstuff such Container in order to effect delivery of the said Goods.
(v) If receipt of Goods in Containers is not taken by the Merchant within 48 hours after discharge from the Vessel (or after the arrival of the Goods at the place of delivery if named herein) the Carrier shall be at liberty at his discretion either to unpack the Container(s) and to put the Goods in safe custody on behalf of the Merchant and at the Merchant’s risk and expense or to charge demurrage in accordance with the Carrier’s Tariff applicable to the route over which the Goods are carried or in the absence of such Tariff rate, make a reasonable charge therefor. If unpacking the contents of Containers is required for whatsoever reason and the contents cannot be identified as to marks and numbers, cargo sweeping, liquid residue and any unclaimed contents not otherwise accounted for shall be allocated for completing delivery to the Merchant. The Carrier shall not be required to separate or deliver Goods in accordance with brand, marks, numbers, size or types of packages as stated by the Merchant in his particulars but only to deliver total number of Container(s), (if same loaded by the Merchant) or packages or units (if Container(s) loaded by the Carrier) shown on the face of this Bill of Lading.
(vi) The Merchant engages with the Carrier (for itself and as agent and trustee for the relevant insurer, owner, lessee, or other third party) to defend, indemnify, and hold harmless the insurer/owner/lessee (or other interested party) of Containers (whether the owner/lessee be the Carrier or not) against all loss of or damage to any such Container and against all loss and damage occasioned in or by any Container or any defect therein to the assurer/lessee of the Container or to any third party to whom the owner/lessee of the Container or to any third party to whom the owner/lessee of the container may be liable by reason of such loss or damage where such loss or damage occurs or is sustained while the Container is on the premises or in the custody of the Merchant or any agent thereof and howsoever such loss or damage may be caused (even by the breach of the contract, fault or negligence of the Carrier and/or the owner/lessee of the Container).
(vii) Where a Container owned or leased by the Carrier is unpacked at the Merchant’s premises the Merchant is responsible for returning the Container with interior brushed and cleaned to the point of discharge or to the point designated by the Carrier, his servants or agents, forthwith or within the prescribed time. The Merchant shall be liable for demurrage (as aforesaid), loss and expenses which may result from any failure or delay in return of the Containers.
(viii) Goods will only be delivered in a Container to the Merchant if all Bills of Lading in respect of the contents of the Container have been surrendered authorising delivery to a single Merchant at a single Place of Delivery. In the event that this requirement is not fulfilled the Carrier may unpack the Container and, in respect of Goods for which Bills of Lading have been surrendered, deliver them to the Merchant on a LCL basis. Such delivery shall constitute due delivery hereunder, but will only be effected against payment by the Merchant of LCL Service Charges and any charges appropriate to LCL Goods (as laid down in the Tariff (or if none, such charges as shall be reasonable)) together with the actual costs incurred for any additional services rendered. If this is an FCL multiple Bill of Lading (as evidenced by the qualification of the tally acknowledged overleaf to the effect that it is “One of…. part cargoes in the container”), then the Goods detailed overleaf are said to comprise part of the contents of the Container indicated. If the Carrier is required to deliver the Goods to more than one Merchant and if all or part of the total Goods within the Container consists of bulk Goods or unappropriated Goods, or is or becomes mixed or unmarked or unidentifiable, the holders of Bills of Lading relating to Goods within the Container shall take delivery thereof (including any damaged portion) and bear any shortage in such proportions as the Carrier shall in his absolute discretion determine, and such delivery shall constitute due delivery hereunder.
16. Freight etc., Earned, Lien [top]
(i) Freight shall be payable on actual gross intake weight or measurement, or at Carrier’s option, on actual gross discharged weight or measurement. Freight may be calculated on the basis of the particulars of the Goods furnished by the shipper herein, but the Carrier may at any time open any Container or other package and examine, weigh, measure and value the Goods. In case Merchants’ particulars are found to be erroneous and additional freight is payable, the Goods shall be liable for any expense incurred in examining, weighing, measuring and valuing the Goods. Full freight shall be paid on damaged or unsound Goods. Full freight hereunder shall be considered completely earned on receipt of the Goods by the Carrier, and the Carrier shall be entitled to all freight and Charges due hereunder, whether actually paid or not, and to receive and retain them under all circumstances whatsoever, the Vessel and/or Goods lost or not lost.
(ii) All unpaid charges shall be paid in full and without any offset, counterclaim or deduction. Any error in freight or other charges or in the classification of Goods is subject to correction, and if on correction the freight or charges are higher the Carrier may collect the additional amount from the Merchant.
(iii) The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier under this contract (and irrespective of whether stated to be prepaid) and any other sums due from the Merchant to the Carrier, and for General Average contributions to whomsoever due and for the cost of recovering the same, and for that purpose shall have the right to sell the Goods by public auction or private treaty without notice to the Merchant. If on sale of the Goods the proceeds fail to cover the amount due and the costs and expense incurred, the Carrier shall be entitled to recover the difference from the Merchant.
(iv) The Merchant shall be liable for all expenses of sorting, mending, cooperage, baling and reconditioning of Goods and/or packages containing the Goods and gathering of loose cargo and/or contents of packages resulting from insufficiency of packing or from excepted perils.
(v) The Merchant shall bear and pay all tonnage dues, shed dues, harbour dues, Customs dues and charges, wharfage charges and other dues and charges payable in respect of the Goods after leaving ship’s tackle.
(vi) The Merchant shall defend, indemnify and hold harmless the Carrier against all and any cost incurred by the Carrier in exercising his rights under this Clause.
17. Both to Blame Collision Clause [top]
If the (carrying) Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default in the navigation or the management of the carrying Vessel, the Merchant undertakes to pay the Carrier, or where the Carrier is not the owner and in possession of the carrying Vessel, to pay to the Carrier as trustee for the owner and/or demise charterer of the carrying ship, a sum sufficient to indemnify the Carrier and/or the owner and/or demise charterer of the carrying Vessel against all loss or liability to the other or non-carrying ship or her owners insofar as such loss or liability represents loss of or damage to, or any claim whatsoever of the Merchant, paid or payable by the other or non-carrying ship or her owners to the Merchant and set off, recouped or recovered by the other or non carrying ship or her owners as part of their claim against the carrying Vessel or her owner or demise charterer of the Carrier. The foregoing provisions shall also apply where the owners, operators, or those in charge of any ship or ships or objects, other than, or in addition to the colliding ships or objects, are at fault in respect of a collision, contact, stranding or other accident.
18. General Average [top]
General Average shall be adjusted and payable according to York-Antwerp Rules of 1974 (as amended in 1990) at any port or place at the option of the Carrier whether declared by the Carrier or a sub-contractor of the Carrier. The Merchant shall give such cash deposit or other security as the Carrier may deem sufficient to cover the estimated General Average contribution of the Goods before delivery if the Carrier requires, or, if the Carrier does not so require, within three months of the delivery of the Goods, whether or not at the time of delivery the Merchant had notice of the Carrier’s lien. The Carrier shall be under no obligation to exercise any lien for General Average contribution due to the Merchant. If salving ship is owned or operated by the Carrier salvage shall be paid for as fully as if such salving ship belonged to strangers.
19. Fire [top]
The Carrier shall not be liable to answer for or make good any loss or damage to the Goods occurring at any time and even though before loading on or after discharge from the Ocean Vessel by reason or by means of any fire whatsoever unless such fire shall be caused by its actual fault or privity.
20. Optional Stowage [top]
(i) The Containers and Goods may be stowed, without notice to the Merchant, on deck generally, or any space commonly used in the trade for the carriage of Goods, and Goods so stowed shall be deemed to be stowed under deck for all purposes, including General Average. The Hague Rules shall apply to such Carriage of Goods so stowed.
(ii) Containers and Goods which are stated on the face hereof to be carried on deck at shipper’s or Merchant’s risk, are carried without responsibility on the part of the Carrier for loss or damage of whatsoever nature arising during Carriage by sea whether caused by unseaworthiness or negligence or any other cause whatsoever.
21. Dangerous Goods [top]
(i) The Merchant undertakes not to tender for transportation any Goods which are of a dangerous, inflammable, radio-active, or damaging nature without previously giving written notice of their nature to the Carrier, marking the Goods and the Container or other covering on the outside as required by any laws or regulations which may be applicable during the carriage. The Carrier, in its absolute discretion, may reject any Goods so tendered.
(ii) The Merchant undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature and in compliance with all laws or regulations which may be applicable during the Carriage.
(iii) If the requirements of paragraphs (i) and (ii) are not complied with the Merchant shall defend, indemnify and hold harmless the Carrier against all loss, damage, or expense arising out of the Goods being tendered for transportation or handled or carried by the Carrier.
(iv) Goods which are or at any time become dangerous, inflammable, radio-active or damaging may at any time or place, be unloaded, destroyed, or rendered harmless without compensation, and if the Merchant has not given notice of their nature to the Carrier under (i) above, the Carrier shall be under no liability to make any General Average contribution in respect of such Goods.
22. Notification and Delivery [top]
(i) Any mention herein of parties to be notified on the arrival of the Goods is solely for information of the Carrier, and failure to give such notification shall not involve the Carrier in any liability nor relieve the Merchant of any obligation hereunder.
(ii) The Merchant shall take delivery of the Goods upon discharge. All expenses incurred by reason of the Merchant’s failure to take delivery of the Goods as aforesaid, shall be for the Merchant’s account.
(iii) Where the Carriage called for in this Bill of Lading is Combined Transport, the Merchant shall take delivery of the Goods within the time provided for in the Carrier’s applicable tariff.
(iv) If delivery of the Goods or any part thereof is not taken by the Merchant at the time and place when and where the Carrier is entitled to call upon the Merchant to take delivery thereof, whether the Carriage called for by this Bill of Lading is Port to Port Shipment or Combined Transport, the Carrier shall be entitled without notice to unstow the Goods or that part thereof if stowed in Containers, to reexport the Container (having regard to the liberties set out in Clause 15 (iii)), and/or to store the Goods or that part thereof ashore, afloat, in the open or under cover at the sole risk of the Merchant. Such storage shall constitute due delivery hereunder, and thereupon the liability of the Carrier in respect of the Goods or that part thereof stored as aforesaid (as the case may be) shall wholly cease and the cost of such storage (if paid or payable by the Carrier or any agent or sub-contractor of the Carrier) shall forthwith upon demand be paid by the Merchant to the Carrier.
23. Validity [top]
In the event that anything herein contained is inconsistent with any applicable international convention or international law which cannot be departed from by private contract, the provisions hereof shall to the extent of such inconsistency but no further be null and void.
24. Jurisdiction and Law [top]
The contract evidenced by this Bill of Lading shall be governed by the laws of England and any claim arising hereunder shall be determined by The High Court of Justice, London, England according to English law or at the option of the Carrier in such other courts or such other country as it considers appropriate provided always that in the event that any claim is brought by any party hereto before a Court in Israel, the Courts of Haifa shall have exclusive jurisdiction.
B. WAYBILLS – Terms and Conditions [top]
Waybills are issued subject to the CMI Uniform Rules for Sea Waybills.
The Waybill is deemed to be a contract of carriage as defined in Article 1 (b) of the Hague Rules and Hague Visby Rules, but it is not a document of title to the Goods. The Contract evidenced by the Waybill is subject to the Carrier’s applicable tariff and standard Bill of Lading terms and conditions, copies of
which are available on request, incorporated in which the following LAW AND JURISDICTION CLAUSE:
(1) Law of Application
The terms and conditions of this Bill of Lading shall be governed by and construed in accordance with English Law. Insofar as anything has not been dealt with by the terms and conditions of this Bill of Lading, English Law shall apply.
All actions arising under this Bill of Lading shall be brought before the High Court of Justice in London to the exclusion of the jurisdiction of the courts of any other place, unless the Carrier appeals to another jurisdiction or voluntarily submits himself thereto.
Except for live animals, and Goods which are stated herein to be carried on deck, and are so carried, these terms and conditions are warranted, in respect of the sea portion of the Carriage, to apply the Hague Rules or the Hague Visby Rules, whichever would have been applicable if the carrier had issued a Bill of Lading instead of this Waybill.
Unless instructed to the contrary by the Shipper, the Carrier will subject to the aforesaid terms and conditions, process cargo claims with the Consignee named in this Waybill. Such settlement, if any, shall be a complete discharge of the Carrier’s liability to the Shipper. The Shipper accepts the said standard conditions on his own behalf, on behalf of the Consignee and the owner of the Goods and warrants that he has authority to do so.
Delivery will be made to the Consignee named, or his authorised agent, on production of proof of identity. Should delivery be required elsewhere than at the Place or Port shown then written instructions must be given by the Shipper to the Carrier or his agent. Should Delivery be required to be made to a party other than that named as consignee, authorisation must be given in writing by the Shipper to the Carrier or his Agent.
C. Borchard Lines Limited – Inland Haulage Terms and Conditions [top]
1. Unless the name of the place receipt and/or place of delivery, as applicable, is named on the face of the bill of lading being evidence that the carrier undertakes the performance and/or in his own name to procure performance of the carriage from the place of receipt to the port of loading and/or from the port of discharge to the place of delivery, respectively, then any carriage and/or handling prior to delivery to the vessel or after discharging from the vessel, including Inland haulage, is arranged by the Carrier as agent to the Merchant.
2. All carriage / handling prior to delivery to the vessel or after discharging from the vessel, including inland haulage, arranged by the carrier as agent to the Merchant is subject to the land carriers (i.e. Stevedores/Hauliers etc) standard terms and conditions, which are available upon request.
3. If the Carrier undertakes the performance and/or in his own name to procure performance of the carriage from the place of receipt to the port of loading and/or from the port of discharge to the place of delivery as applicable, then the liability of the Carrier for that stage of the transport shall be determined in accordance with the Sub-Contractors standard terms and conditions, which are available on request. Except as provided in clause A.6(2) and A.7iii of the Bill of Lading terms and conditions total compensation shall in no circumstances whatsoever and howsoever arising exceed £100 sterling per package or unit.
4. If the Carrier undertakes the performance and/or in his own name to procure performance within the UK of road haulage to the port of loading and/or from the port of discharge as applicable, then the liability of the Carrier for that stage of the transport shall be determined in accordance with the Road Haulage Association RHA Conditions of Carriage 2009, which are available free upon request. Except as provided in clause A.6(2) and A.7iii of the Bill of Lading terms and conditions total compensation shall in no circumstances whatsoever and howsoever arising exceed £100 sterling per package or unit.
D. Borchard Lines Limited – Demurrage [top]
Container import demurrage time counts from the day the vessel commences discharge operations at the port of discharge (day 1) until the day of repositioning of containers to depot/terminal as assigned by the Carrier, or their agent, inclusive of Sundays and holidays. Demurrage charges as per Carrier’s tariff.
Container export detention time counts from the day the container is collected empty for stuffing until the day it is loaded full on board the vessel or returned empty to depot/terminal as assigned by the Carrier, or their agent, inclusive of Sundays and holidays. Detention charges as per Carrier’s tariff.
E. Borchard Lines Limited – Export storage [top]
Any storage of the goods in port prior to loading or whilst awaiting loading to be at the sole risk and expense of the Merchant. The Merchant is responsible for checking the vessel ETA and free time allowances. The carrier has no responsibility for any costs and/or consequences, including storage charges incurred at the port of loading, due to delay and/or cancellation of the export vessel. The cost of such storage (if paid or payable by the Carrier or any agent or sub-contractor of the Carrier) shall forthwith upon demand be paid by the Merchant to the Carrier. Export port storage charges as per port/carrier’s tariff.