1.Definition.
“Carriage” means the whole or any part of the operations and services undertaken by the Carrier in respect of the Goods covered by this Bill of Lading including where
applicable, any deviations and liberties provided for in this Bill of Lading.“Carrier” means the party named as such on the face of this Bill of Lading.“Case” includes any case, cradle, box or any similar article used to consolidate goods as cargo unit and any equipment thereof or connected thereto. "Merchant" includes the shipper, the receiver, the consignor, the consignee, the holder of the Bill of Lading, the owner of the Goods and any person entitled to possession of the Goods. “Container” includes any container, trailer, transportable tank, flat or any similar article used to consolidate goods and any equipment thereof or connected thereto. ”Goods” means the whole or any part of the cargo received from the shipper and includes any equipment or Container or Case not supplied by or on behalf of the Carrier. “Servants” or “Agents” includes the Master, officers and crew of the Vessel; owners, managers and operators of the Vessel (other than the Carrier); underlying carriers, sub-contractors, stevedores, terminal and group age operators; road and rail transport operators and any independent contractors, employed by or on behalf of the Carrier in the performance of the Carriage. “Vessel” means the vessel named on the face of this Bill of Lading and includes or refers to, as the context requires, the vessel on which the Goods are shipped, any substitute vessel, any feeder vessel, ferry, barge, lighter or any other water craft used in the performance of the Carriage. Joint and Several Liability. All persons coming within the definition of “Merchant” shall be jointly and severally liable to the Carrier for the due fulfillment of all obligations undertaken by the Merchant on this Bill of Lading and/or required by law.
2. Warranty
The Merchant warrants that in agreeing to the terms and conditions hereof, it is or has the authority of the person owning or entitled to the possession of the Goods
and this Bill of Lading.
3. Notification.
(a) Any mention in this Bill of Lading of parties to be notified of the arrival of the Goods is solely for the 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.(b) The Merchant shall take delivery of the Goods within the time agreed, i.e.directly as fast as the Vessel can deliver or indirectly via the terminal according to the rules of such terminal, whichever may be applicable. If the Merchant fails to do so, the Carrier shall be entitled, without notice, to unpack the Goods if packed in Containers and/or to store the Goods ashore, afloat, in the open of 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 stored as aforesaid shall wholly cease, and the costs of such storage as well as any applicable detention and demurrage charges (if paid or payable by the Carrier or any Servant or Agent) shall be paid by the Merchant to the Carrier. For the applicable rates of such detention and demurrage charges, please refer to the face of this Bill of Lading. (c) Without prejudice to an earlier termination by virtue of law or any other clause of this Bill of Lading the responsibility of the Carrier shall cease and the Goods shall be considered to be delivered at the Merchant’s own risk and expense in every respect when taken into the custody of customs or other authorities.
4. Liability for Carriage
(a) The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading signed at Brussels on 25 August 1924 ("the Hague Rules") as enacted in the country of shipment shall apply to this contract. When the Hague Rules are not enacted in the country of shipment, the corresponding legislation of the country of destination shall apply, irrespective of whether such legislation may only regulate outbound shipments. When there is no enactment of the Hague Rules in either the country of shipment or in the country of destination, the terms of said Convention shall apply. Trades where Hague-Visby Rules Apply. In trades where the International Brussels Convention 1924 as amended by the Protocol signed at Brussels on 23 February 1968 ("the Hague-Visby Rules") applies compulsorily, the provisions of the respective legislation shall be incorporated into this Contract. The Protocol signed at Brussels on 21 December 1979 ('the SDR Protocol 1979") shall apply where the Hague-Visby Rules apply, whether mandatorily or by this contract. The Carrier shall in no case be responsible for loss of or damage to Goods,
howsoever caused, arising prior to loading, after discharging, or with respect to deck cargo and live animals. Live animals and deck cargo shall be carried subject to
the Hague Rules as referred to in this Clause. (b) The Carrier shall not be responsible for any loss sustained by the Merchant through delay of the Goods, unless caused by the Carrier's personal gross negligence. If the Carrier is held liable in respect of delay, consequential loss or damage other than loss of or damage to the Goods, the liability of the Carrier shall be limited to the freight for the carriage covered by this Contract, or to the limitation amount as determined in sub-clause 4(a) or, if applicable, Additional Clauses, whichever is the lesser. (c) The aggregate liability of the Carrier and/or any of his Servants or Agents shall, in no circumstances, exceed the limits of liability for the total loss of the Goods under sub-clause 4(a) or, if applicable, Additional Clauses.
5. Law and Jurisdiction.
In all cases, this Contract shall be construed in accordance with English law and any disputes arising hereunder shall be referred to and finally resolved by arbitration in Singapore, to the exclusion of all other forums, in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration ("SCMA"). The Tribunal for any arbitration shall be comprised of three (3) arbitrators.
6.Period of responsibility
The Carrier or his Agent shall not be liable for loss of or damage to the Goods during the period before loading and after discharge from the Vessel, however such loss or damage arises.
7.Substitution of Vessel and Transshipment
(a) Whether expressly arranged beforehand or otherwise, the Carrier shall be at liberty to: (i) carry the Goods or part thereof to the port of discharge by the Vessel or by other means of transport, proceeding either directly or indirectly to such port at any speed and with liberty to stay at any place or port whatsoever, once or more often and in any order; and/or (ii) transship, lighter, land and store the Goods either on shore or afloat and reship and forward the same to the port of discharge at Carrier's expense but at Merchant's risk. (b) Anything done in accordance with this Clause or any delay arising therefrom shall be deemed to be within the contractual Carriage. (c) The Carrier shall have liberty to sail without pilots, to proceed via any route, to proceed to, return to and stay at any port or ports whatsoever (including the loading port) in any order in or out of the route or in a contrary direction to or beyond the port of destination once or more often for bunkering or loading or discharging cargo or embarking or disembarking passengers whether in connection with the present, a prior or subsequent voyage or any other purposes whatsoever, and before giving delivery of the Goods at a port of discharge and with the like liberties as aforesaid to leave and then return to and discharge the Goods at such port, so now or to be towed, to make trial trips with or without notice,to adjust compasses, or to repair or dry-dock with or without cargo on board. The exercise of any liberty in this Clause shall form part of the contractual Carriage.
8.Lighterage
All lightering in or off ports of discharge to be for the risk and account of the Merchant.
9.Loading and Discharge
(a)Loading and discharging of the Goods shall be arranged by the Carrier’s agent unless otherwise agreed or noted herein. (b)The Merchant shall, at his risk and expense, handle and/or store the Goods before loading and after discharging. (c)Loading and discharging may commence without prior notice. (d)The Merchant or his agent shall tender the Goods when the Vessel is ready to load and as fast as the Vessel can receive, including, if required by the Carrier, outside ordinary working hours not withstanding any custom of the port. If the Merchant or his agent fails to tender the Goods when the Vessel is ready to load or fails to load as fast as the Vessel can receive the Goods, the Carrier shall be relieved of any obligation to load such Goods, the Vessel shall be entitled to leave the port without further notice and the Merchant shall be liable to the Carrier for deadfreight and/or any overtime charges, losses, costs and expenses incurred by the Carrier and in addition the Merchant shall be liable to pay the Carrier detention at the rate shown on the face of this Bill of Lading per day pro rata, payable day by day for the period of any delay. (e)The Merchant shall be responsible for providing all special equipment for loading and discharging, including spreader bars, lifting frames, slings and saddles.
(f)The securing of the Goods to be accomplished to Master’s satisfaction. The time and expense of additional securing required by the Merchant or Merchant’s representative to be for Merchant’s account. (g)The Merchant shall accept his reasonable proportion of unidentified loose cargo. (h)Should the Vessel not be able to berth for any reason including congestion 72 hours after arrival at or off the port, the Carrier has the option to sail the Vessel and cancel this contract. If the terms are Free-in or Merchants or Shippers’ berth, the Merchant shall owe deadfreight. Should for any reason the Vessel be unable to discharge the Goods within 5 days of arrival at or off the discharge port, the Carrier shall be at liberty to deviate to any other port whatsoever and there discharge the Goods at Merchant’s expense and such alternative discharge shall be deemed to be fulfillment of the contract of carriage. (i)At the port of loading or the port of discharge, if Merchant requests and Carrier agrees for Goods to be received for loading or discharge, directly to/from Merchant’s trucks, rail wagons or lighter(s), the Goods shall be tendered or delivered
as fast as the Vessel can load or discharge, otherwise demurrage shall apply. As this is an accommodation to Merchant, any delays, costs or liability to Merchant supplied equipment shall be solely at Merchant’s risk, cost and expense. Any fees, charges, costs or expenses for hooking/unhooking of cargo shall be for Merchant’s account. (j)The Merchant and his assign shall take delivery of the Goods as above (see also Clause 3(b)). If the Goods are not applied for within 60 days or such other time period as the Carrier deems to be reasonable, the Carrier may sell the same privately or by auction.
10.Optional Stowage and Deck Cargo
(a) The Goods may be packed by the Carrier in Containers and consolidated with other goods in Containers. (b)Goods, whether or not packed in Containers, may be carried on deck or under deck without notice to the Merchant. (c)Goods on deck are shipped at Merchant’s risk and expense without any liability to the Carrier for any loss and/or damage howsoever caused and the original Bill of Lading is claused accordingly. (d)In the event that the Bill of Lading has been issued in the United States of America (“U.S.”) and this Bill of Lading covers a shipment from or to the U.S. or, if this Bill of Lading is otherwise subject to the Carriage of Goods by Sea Act of the U.S., 1936 (“U.S. COGSA”), U.S. COGSA shall apply to such deck carriage. (e)All such Goods whether carried on deck or underdeck, shall participate in general
average.
11.Freight, Deadfreight, Charges, Costs, Expenses, Duties, Taxes and Fines
(a) Freight, whether paid or not, shall be considered as fully earned and due upon loading and non-returnable in any event. Unless otherwise specified, freight and/or
charges under this contract are payable by the Merchant to the Carrier on demand. Interest at LIBOR (or its successor) plus 2 per cent shall run from 14 days after the date when freight and charges are payable. (b)The Merchant shall be liable for all costs and expenses of fumigation, gathering and sorting loose cargo and weighing on board, repairing damage to and replacing of packing due to excepted causes, and any extra handling of cargo for any of the aforementioned reasons. The Merchant shall be specifically liable for all cost, expenses, losses and liabilities incurred due to non-approved or contaminated or infested dunnage supplied by Merchant including all costs of transporting the cargo to another port if required. (c)The Merchant shall be liable for any dues, duties, taxes and charges that under any denomination may be levied, inter alia, on the basis of freight, weight or measurement of cargo or tonnage or classification of the Vessel including all Suez or Panama canal charges. (d)The Merchant shall comply with all regulations and requirements of customs, ports and/or other authorities and shall bear and pay all duties, taxes, fines, imposts, expenses or losses (including without prejudice to the generality of the foregoing, freight for any additional carriage undertaken) incurred or suffered by reason of any failure to comply, or by reason or any illegal or incorrect or insufficient marking, number or addressing of the Goods or the discovery of any drugs, narcotics, stowaways or other illegal substances within the Containers or Cases packed by the Merchant or inside Goods supplied by the Merchant, or stamp duty imposed by any country, and shall indemnify the Carrier in respect thereof. (e)Payments, including partial payments made pursuant this contract are non-returnable and will be credited to the amount due. Acceptance of a partial payment under no circumstances waives the full amount due and owing. (f)The Carrier is entitled in case of incorrect declaration of content, weights, measurements or value of the Goods to claim double the amount of freight that would have been due if such declaration had been correctly given. For the purpose of ascertaining the actual facts, the Carrier shall have the right to obtain from the Merchant the original invoice and to have the Goods inspected and its contents, weight, measurement or value verified. (g)Any additional insurance premium charged by Vessel’s under writers for
breaching trading limitations (INL) or war risk exclusions to be for Merchant’s account.� Any extra insurance procured (including war risks)or cost incurred to protect Vessel, crew and cargo against risk of piracy, rebels or terrorist shall be paid by Merchant upon request of Carrier. (h)In the event that the Merchant fails for whatever reason to tender or load the Goods or part thereof, the Carrier shall be entitled to damages and/or deadfreight in respect of the Goods not loaded and such damages shall be quantified on the basis of the applicable freight rate, less stevedoring and port costs saved as a consequence. The Carrier shall not be required to call the port of loading in order to be entitled to damages and/or deadfreight under this Clause. If the Vessel has arrived at the port of loading but the Goods are unavailable for whatever reason the Carrier may, at the Carrier’s election, leave after 48 hours and full deadfreight shall be due.
12.Lien
The Carrier shall have a lien on all Goods and any documents relating thereto for any amount due(including freight, detention, demurrage, and other cost or expenses) under this contract and other contracts between the Merchant and the Carrier and for general average contributions and costs of recovering the same(including attorney’s fees) and shall be entitled to sell the Goods privately or byauction to satisfy any claims or liens at the specified discharge port or other port.
13.Delay
The Carrier does not undertake that the Goods shall arrive at the port of discharge at any particular time or to meet any particular market or use and shall not beresponsible for any direct, indirect or consequential loss or damage caused by the delay unless caused by the Carrier’s personal gross negligence.
14.General Average and Salvage
(a) In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever due to the negligence or not, for which, or for the consequences of which, the Carrier is not responsible, by statue, contract or otherwise, the Merchant shall contribute with the Carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the Goods. All expenses in connection with a general average or salvage act to avoid damage to the environment shall always be considered general average expenses. (b) General average shall be adjusted according to the York Antwerp Rules of 1974 as amended in 1990, at any port or place and in any currency at the option of the Carrier and the New Jason clause as approved by BIMCO is to be considered incorporated herein. 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 and salvage and special charges thereon before delivery if the Carrier requires, or, if the Carrier does not require within 3 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 forgeneral average contribution due to the Merchant.
(c) Conversion into the currency of the adjustment shall be calculated at the rate prevailing on the date of payment for disbursements and on the date of completion o discharge of the Vessel for allowances contributory values etc. (d) In the event of any general average credit balances due to Merchants still being unclaimed 5 years after the date of issue of the adjustment, these shall be paid to the Carrier who will hold such credit balances pending application by the Merchant entitled thereto. (e) If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the salving vessel or vessels belonged to strangers.
15. Both-to-Blame Collision Clause. (This Clause to remain in force even if unenforceable in the Courts of the United States of America.)
If the Vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, negligence or default of the Master, Mariner, Pilot or
any Servant of the Carrier in the navigation or in the management of the Vessel, the Merchant will indemnify the Carrier against all loss or liability to the other or non-carrying vessel or her owner in so far as such loss or liability represents loss of or damage to or any claim whatsoever of the owner of the cargo paid or payable by the other or non-carrying vessel or her owner to the owner of the cargo and set-off, recouped or recovered by the other non-carrying vessel or her owner as part of his claim against the carrying vessel or Carrier. The foregoing provisions shall also apply where the owner, operator or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact.
16.Dangerous Goods
(a)No Goods which are or may become dangerous, inflammable or damaging including radioactive materials) or which are or may become liable to damage any property whatsoever, shall be tendered to the Carrier for Carriage without his express consent in writing and without the Container or other covering in which the
Goods are to be carried as well as the Goods themselves being distinctly marked on the outsides so as to indicate the nature and character of any such Goods and so asto comply with any applicable laws, regulations or requirements. If any such Goods are delivered to the Carrier without such written consent and or marking or if in the opinion of the Carrier the Goods are or are liable to become of dangerous, inflammable or damaging in nature they may at any time be destroyed, disposed of,
abandoned or rendered harmless without compensation to the Merchant and without prejudice to the Carrier’s right to freight. (b) The Merchant undertakes that such Goods are packed in a manner adequate to withstand the risks of Carriage having regard to their nature and in compliance with all laws or regulations which may be applicable during the Carriage. (c) Whether or not the Merchant was aware of the nature of the Goods, the Merchant shall indemnify the Carrier against all claims, losses, damages orexpenses arising in consequence of the Carriage of such Goods. (d) Nothing contained in this Clause shall deprive the Carrier of any of his rights provided for elsewhere.
17. Iron and Steel; Heavy Lifts and Awkward Cargo
(a) The Merchant shall ensure that every piece of iron and steel is distinctly and permanently marked with oil paint and every bundle is securely fastened and distinctly and permanently marked with oil paint and metal tagged, so that each piece or bundle can be distinguished at port of discharge. If the Merchant fails to meet these requirements, the Carrier shall neither be responsible for correct delivery nor liable for expenses arising therefrom. (b) Any one piece or package of cargo weighing 2000 kilograms or more and any awkward cargo with a length of 9 meters must be clearly and boldly marked with the weight and/or dimensions and/or length by the Merchant and shall be loaded and discharged by shore cranes or otherwise at the Carrier’s option and at the risk and expense of the Merchant. If any damage, loss or liability to the Vessel, lighter, wharf, quay, cranes, hoisting tackle or whatsoever or to whomsoever occurs owing to the lack of statement or mis-statement of weight, measurement or length, the Merchant shall be responsible for such damage, loss or liability.
18. Shipper-Packed Container and/or Cases
(a) The Merchant shall provide cargo that is properly packed and internally secured for ocean transportation and that all centers of gravity are marked, proper skids are attached.(b)The Merchant shall provide the Carrier with cargo that is fully stackable, accurately marked and fitted with suitable lifting lugs, cradles or lashing points.
(c) The Merchant shall indemnify the Carrier against any loss, damage, liability or expense caused by any of the matters referred to in sub-clauses 18 (a) and 18(b)above.
19. Inspection of Goods
The Carrier or any Servant or Agent or any person authorized by the Carrier shall been titled, but under no obligation to open any Container, Case or package at any time and to inspect the Goods. If, by order of the authorities at any place, a Container or Case or package has to be opened for the Goods to be inspected, the Carrier will not be liable for any loss or damage incurred as a result of such opening, unpacking, inspection or repacking. The Carrier shall be entitled to recover the costs of suchopening, unpacking, inspection and repacking from the Merchant.
20. Carriage Affected by Condition of Goods
If it appears at any time that, due to their condition, the Goods cannot be safely or properly carried further or carried further without incurring additional expenses or
taking any measure(s) in relation to the Container or the Goods, the Carrier may without notice to the Merchant as agent or in his own name take any measure(s)
and/or incur any additional expense to carry or to continue the Carriage thereof and/or sell or dispose of the Goods and/or abandon the Carriage and/or store them
ashore or afloat, under cover or in the open, at any place, whichever the Carrier in his absolute discretion, considers most appropriate, which abandonment, storage, sale or disposal shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any additional expenses soincurred.
21. Government Directions, War, Epidemics, Ice, Strikes, Piracy,etc.
(a) The Master and the Carrier shall have liberty to comply with any order or directions or recommendations in connection with the carriage under this contract given by any Government or Authority, or anybody acting or purporting to act on behalf of such Government or Authority, or having under the terms of the insurance on the Vessel the right to give such orders or directions or recommendations. If by reason of and in compliance with any such order or direction or recommendation, anything is done or not done, the same shall not be deemed a deviation, and delivery in accordance with such orders or directions shall be a fulfillment of the Carriage and freight shall be payable accordingly.(b) Should it appear that the performance of the Carriage would expose the Vessel or any cargo on board to risk of seizure, damage or delay, in consequence of war, warlike operations, blockade, riots, civil commotions or piracy or any other cause beyond the control of the Carrier, or any person on board to risk of loss of life or freedom, or that any such risk has increased, the Master may discharge the Goods at the port of loading or any other safe and convenient port. (c) The Master may in his absolute discretion decide to proceed in a convoy or a joint sailing with other vessels or to choose an alternative, non-direct route to protect the crew, Vessel and cargo. Any time including waiting time thereby lost shall be for the account of the Merchant calculated at the applicable detention and demurrage rates. Any additional costs including the additional cost of time lost sailing an alternate route (e.g. rounding Africa) shall be for Merchant’s account and shall be calculated at the applicable detention and demurrage rates. Please refer to the face of the Bill of Lading for the rates of detention and demurrage). (c) Should it appear that epidemics, quarantine, ice, labour troubles, labor obstructions, strikes, lockouts (whether on board or on shore); difficulties in loading or discharging would prevent the Vessel from leaving the port of loading or reaching or entering the port of discharge, or there discharging in the usual manner and departing therefrom, all of which safely and without unreasonable delay, the Master may discharge the Goods at the port of loading or any other safe and convenient port. (d) The discharge, under the provisions of this Clause, of the Goods shall be deemed due fulfillment of the contract of carriage. (e) If in connection with the exercise of any liberty under this Clause any extra expenses are incurred they shall be paid by the Merchant in addition to the freight, together with return freight, if any, and a reasonable compensation for any extra services rendered to the Goods.
22. Defenses and Limits of Liability for the Carrier, Servants and Agents.
(a) It is hereby expressly agreed that no Servant or Agent of the Carrier shall in any circumstances whatsoever be under any liability whatsoever to the Merchant under
this contract of carriage for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while
acting in the course of or in connection with his employment. (b) Without prejudice to the generality of the foregoing provisions in this Clause, every exemption from liability, limitation, condition and liberty herein contained and every right, defense and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled, shall also be available and shall extend to protect every such Servant and Agent acting as aforesaid. (c)The Merchant undertakes that no claim shall be made against any Servant or Agent and, if any claim should nevertheless be made, to indemnify the Carrier against all consequences thereof. (d) For the purpose of all the foregoing provisions of this Clause the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who might be his servants or agents from time to time and all such persons shall to this extent be or be deemed to be parties to this contract of carriage.
ADDITIONAL CLAUSES
A. Demurrage
The Carrier shall be paid demurrage at the rate shown on the face of this Bill of Lading, if the Vessel is not loaded or discharged with the dispatch set out in this Bill of Lading and/or delayed in waiting for berth at or off port, including any delays due to swell or tide and/or where this contract otherwise provides that demurrage shall be payable. Each Merchant shall be liable towards the Carrier for a proportionate part of the total demurrage due, based upon the total freight on the cargo to be loaded or discharged at the port in question. No Merchant shall be liable in demurrage for any delay arisen only in connection with cargo belonging to other Merchants.
B. U.S. Trade, Period of Responsibility
(a) In case the contract evidenced by this Bill of Lading is subject to the U.S. COGSA, then the provisions stated in said Act shall govern before loading and after discharge and throughout the entire time the Goods is in the Carrier's custody and in which event freight shall be payable on the Goods coming into the Carrier's
custody. (b) If U.S. COGSA applies, and unless the nature and value of the Goods has been declared by the shipper before the Goods has been handed over to the Carrier, the value of the Goods has been inserted on the face of this Bill of Lading in the box provided, and the extra charge for Ad Valorem is paid by Merchant, the Carrier shall in no event be or become liable for any loss or damage to the Goods in an amount exceeding USD500 per package or customary freight unit. (c) During any pre-loading or post-discharge contractual extension of U.S. COGSA, the NO. OF PKGS. and KIND OF PACKAGES, DESCRIPTION OF THE CARGO conclusively establishes the package or customary freight unit.
C. Description of Cargo
(a) If any reference or particulars of any letter of credit, import license, sales contract, invoice, or any contract to which the Carrier is not a party are shown on this Bill of Lading, such particulars are included at the sole risk of Merchant and for Merchant's convenience. Merchant agrees that the inclusion of such particulars shall not be regarded as a declaration of value and no way increases Carrier's liability. (b) The shipper warrants to the Carrier that the particulars relating to the Goods as set out on the face of the Bill of Lading 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 adequate and correct. The shipper also warrants that the Goods are lawful Goods and contain no contraband. The Merchant shall indemnify the Carrier against all loss, damage and expenses arising or resulting from inaccuracies or inadequacies of such particulars.
D. Carrier's Tariff
The terms and conditions of the Carrier's tariff, where applicable, are incorporated herein. Copies of relevant provisions of the Carrier's tariff are obtainable from the Carrier upon request. In the case of inconsistency between this Bill of Lading and Carrier's tariff, this Bill of Lading shall prevail.
E. ISPS Code
(a) The Merchant must comply with the requirements of the ISPS Code. If the Carrier is held liable by any State Authority or any other third party because of a violation of the ISPS Code by the Merchant, the Merchant will indemnify and hold the Carrier harmless from any damages and/or consequences resulting therefrom. (b) The Merchant undertakes to pay the Carrier any costs or expenses whatsoever arising out of or related to security regulations or measures required by the port facility or any relevant authority in accordance with the ISPS Code in relation to the Merchant’s Goods. (c) The Carrier is entitled to deviate the Vessel to a different port and to unload the Goods there if the authorities in the port of discharge have increased its level of security according to the ISPS Code after the Goods has been loaded. (d)The Merchant undertakes to compensate any costs and expenses and loss and damage suffered by the Carrier because of a delay of the Vessel resulting from a violation of the ISPS Code.
F. Security Clause
(a) If the Vessel calls at any country that requires security filing including but not limited to the United States, Brazil and the European Union member states, including any of their territories, regardless of whether this country is a port of loading or discharge for the Goods, the following provisions shall apply with respect to any applicable regulations or measures: The Merchant shall provide the Carrier with all information needed for security filing no later than 48 hours (or such longer period as the Carrier deems reasonable) prior to the Vessel’s loading or if the decision to call the country requiring security was made by the Carrier after loading, no later than 48 hours (or such longer period as the Carrier deems reasonable) after the Merchant receives the Carrier’s request to provide such information. (b) Unless caused by the Carrier’s negligence, any delay suffered or time lost in obtaining the entry and exit clearances from the relevant country’s authorities shall count as time of detention. (c) Any fines, penalties, fees, costs, expenses, damages (including consequential damages and attorney fees) and losses that the Carrier may incur, even if levied against the Vessel, that arise out of security measures imposed at any port shall be for the Merchant’s account.
G. Miscellaneous
(a) In the event that anything in this Bill of Lading is inconsistent with any mandatorily applicable international convention or national law which cannot be departed from by private contract, the provisions hereof shall to the extent of such inconsistency but not further be null and void. (b)Unless otherwise specifically agreed in writing between the Merchant and the Carrier, the terms and conditions of this Bill of Lading supersede any prior agreements between the Merchant and the Carrier. (c) No servant of agent of the Carrier shall have power to waive or vary any of the terms of this Bill of Lading unless such waiver or variation is in writing and is specifically authorized or ratified in writing by the Carrier.